Rajeev Kumar vs The State of Bihar and Umesh Paswan

Rakesh Kumar, J.—Learned Counsel for the Petitioner and learned Counsel appearing on behalf of Opp. Party No. 2 have jointly submitted that in this case due to intervention of well wishers the dispute in between the parties has already settled outside the court and, as such, they have filed a petition for compromise. The said petition is dated 7.5.2008. Sri Srinandan Singh, learned Counsel for the Petitioner submits that it is true that in the present case, order of cognizance is in relation to offences under Sections 323, 341 and 379 of the Indian Penal Code as well as under the provisions of SC/ST Act, however, on the basis of averments made in the complaint petition, no offence under the provisions of SC/ST Act is made out.

I have also perused the complaint petition. The Court is in agreement with submission advanced by learned Counsel for the Petitioner that since the dispute has already settled outside the court, it would not be appropriate to allow the proceeding to further proceed.

Accordingly, the order of cognizance dated 9th January, 2007 passed in Complaint Case No. 512 (C) of 2006 by the learned Judicial Magistrate, 1st Class, Hilsa ,Nalanda is hereby set aside and the petition stands allowed.