Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.12371 of 2012 ====================================================== 1. Shiv Shankar S/O Late Mohan Lal Singh, Upper Division Clerk, Block Office Desari, P.S- Desari, District- Vaishali. 2. Binod Kumar Rajesh, S/O Late Jai Mangal Rai, Panchayat Secretary, Gram Panchayat Raj, Bhikhanpura, P.S- Desari, District- Vaishali. 3. Kumar Anil Sinha S/O Sri Ram Neti Singh, Block Development Officer, Desari Block, District- Vaishali .... .... Petitioner/s Versus 1. The State Of Bihar 2. Jivneshwar Pd. Singh S/O Yogendra Singh, resident of Panapur Raghunath, P.S- Desari, District- Vaishali. .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 4/ 06-11-2012 Counter Affidavit filed on behalf of the Opposite Party No.2 be kept on record. Heard the parties. The Petitioners seek quashing of the entire proceeding including order dated 24.01.2011 passed by the Judicial Magistrate, 1st class, Vaishali, Hajipur, in C-71 of 2010/Tr. No.924 of 2011, by which he has taken cognizance under [STATUTE] . The background facts of the case is that on 06.01.2010, Petitioner No.1 filed a case against the Complainant for having abused him and others and also attempted to have obstructed the official duty. On the next day, the present Patna High Court Cr.Misc. No.12371 of 2012 (4) dt.06-11-2012 2 / 2 2 Complaint was filed alleging therein that it was the Petitioner, who had abused and assaulted him and also committed theft of his personal belongings. In the nature of allegations, both the parties agreed that they do not wish to proceed any further. In view of such, entire proceeding including order dated 24.01.2011 passed by the Judicial Magistrate, 1st class, Vaishali, Hajipur, in C-71 of 2010/Tr. No.924 of 2011, taking cognizance under [STATUTE] is hereby quashed. Further, entire proceeding in Desari P.S. Case No. 03 of 2010 pending before the Chief Judicial Magistrate, Vaishali at Hajipur, is also quashed. With the aforesaid observations/directions, the application stands allowed. JA/- (Anjana Prakash, J)

Applicable IPC Section: 323

Statute Text:
Section 323 of the Indian Penal Code. Voluntarily causing hurt. Whoever, except in the case provided for by section 334, voluntarily causes hurt, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.