Deo Nandan Rai, Sukh Nandan Rai and Bimal Kumar Choudhary vs The State of Bihar and Deep Nath Jha

Rakesh Kumar, J.—Three Petitioners, while invoking inherent jurisdiction of this Court u/s 482 of the Code of Criminal Procedure, have prayed for quashing of a revisional order dated 25.5.2007 passed by Shri Ajit Kant Sharan, I Vth Additional Sessions Judge, Muzaffarpur in Cr. Revision No. 209 of 2006 affirming the order dated 23.10.2006 passed by Shri A.K. Dubey, Judicial Magistrate, Muzaffarpur in Complaint Case No. 1265 of 2005, Tr. No. 2154 of 2007. By the said order, learned Magistrate has taken cognizance of the offence under Sections 406, 420 and 379 of the Indian Penal Code.

At the very outset, Shri Nachiketa Jha, learned Counsel appearing on behalf of opposite party No. 2-complainant, submitted that outside court, dispute has been settled in between the parties. It was further submitted that as per instruction, now complainant is not interested to pursue the complaint proceeding.

In view of the stand taken by Shri Nachiketa Jha, learned Counsel appearing on behalf of opposite party No. 2, it would not be appropriate to allow proceeding to further continue.

Accordingly, both the orders i.e. order dated 25.5.2007 passed by I Vth Additional Sessions Judge, Muzaffarpur in Cr. Revision No. 209 of 2006 and order dated 23.10.2006 passed by Judicial Magistrate, Muzaffarpur are hereby set aside and petition stands allowed.