IN THE SUPREME COURT OF  INDIA           CRIMINAL APPELLATE JURISDICTION   

 CRIMINAL APPEAL NO. 1724   OF 2008 (Arising out of SLP (Crl.) No. 2526  of 2007)

SUBODH KUMAR SUMAN ..  APPELLANT

vs.

STATE OF BIHAR & ORS. .. RESPONDENTS

O R D E R

Leave granted.

The appeal is admitted.

On the facts and in the circumstances of the case, we are of the opinion that

the ends of justice would be met if we issue the following directions:

1 A sum of rupees one lakh which has been deposited in the Registry of this Court will

be paid to the respondent No.2 along with accrued interest thereon by a Demand Draft

in favour of respondent No.2.

1 The appellant herein will pay an additional amount of Rs. 35,000/- only towards full

and final settlement of all the dues and disputes between the parties to respondent No.2

by a Demand Draft within a period of three months from today.  The appellant will file

an  undertaking  duly  sworn  within  a  period  of  four  weeks  from today  for  the  said

purpose.  A copy of such undertaking will be given to the learned counsel for respondent

No.2.  The amount will be paid to respondent No.2 after the undertaking is filed by the

appellant.

1 The appellant will pay road tax for the period 2003-2004 and for the years 2006-2007

and 2007-2008 and onwards for the tractor.  Respondent No.2 will pay road tax for the

years 2004-2005 and 2005-2006.

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(4)Once  the  payment  is   made,  respondent  No.2  will  execute/get  executed  necessary

documents  for  transfer  of  tractor  in  question  in  favour  of  the  appellant  before

appropriate authorities.

In view of the above order and compliance with the directions, in our opinion

criminal proceedings between the parties will not survive  in the form of FIR No.188 of

2004 in Police Station Thakur Ganj for offence punishable under Secs.420, 406 and 379

of IPC and P.S.Case No. 200 of 2005  for offence punishable under Sec.420 and 406 IPC

in Galgalia Police Station. All these  cases  will come to an end.  The appellant has filed  a

Civil Suit against respondent No.2.  The appellant will withdraw the said case.  

In view of our order and the directions, the main matter is disposed of.  The

orders passed by the Trial Court as well as by the High Court do not survive and will

have no effect.

The Criminal Appeal is disposed of accordingly.

                    ................J.    (C.K. THAKKAR)

     ...................J.                                     (D.K. JAIN)      New Delhi,      November 3, 2008.