Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.24566 of 2009 ====================================================== 1. Nagendra Prasad Rai. 2. Surendar Rai @ Surendra Pd. Yadav. 3. Upendra Rai 4. Dharmendra Rai @ Dharmendra Pd. Yadav. All sons of Sri Bilash Rai. 5. Choharia Devi, Wife of Sri Bilash Rai. 6. Bilash Rai Son of Late Milan Rai, all residents of village – Mirampur, P.S. – Raghopur, District - Vaishali .... .... Petitioner/s Versus 1. The State Of Bihar 2. Shyam Sundar Devi, Daughter of Late Laxmi Narayan Rai, residing at village - Rustampur, P.S. Raghopur, District - Vaishali .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Bhola Kumar For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 6 25-04-2012 Today again, none appeared on behalf of opposite party no. 2, whereas, the opposite party no. 2, has already entered appearance through her counsel. Yesterday also, none had appeared on behalf of the opposite party no. 2. Heard Sri Alok Kumar Sinha, learned counsel for the petitioners and Sri Shyam Kumar Singh, learned Additional Public Prosecutor. In this case, on 05.10.2010, when the case was taken up, it was submitted on behalf of petitioner no. 1 (husband of the complainant / opposite party no. 2 ) that he was still ready to settle the dispute with opposite party no. 2, and as such, notice Patna High Court Cr.Misc. No.24566 of 2009 (6) dt.25-04-2012 2 / 3 2 was directed to be issued to opposite party no. 2. Thereafter, by order dated 11.07.2011, the dispute was referred to Patna High Court Mediation & Conciliation Centre. While referring the matter to Mediation Centre this court directed for stay of further proceeding in Complaint Case No. C/1-306 of 2008 / Tr. No. 2864 of 2009, pending in the court of Sub Divisional Judicial Magistrate, Hajipur, Vaishali. In this case, after taking steps for re-conciliation, a Report has been prepared by mediators, which shows that dispute in between the parties has already been settled on certain terms. It further appears that the opposite party no. 2 / complainant, had appeared and put her thumb impression on the Mediator’s Report. Mediator’s Report is kept at flag “A-I”. The opposite party no. 2 had filed a complaint against the petitioners for commission of offence under [STATUTE] . From the complaint petition itself it was evident that marriage in between the petitioner no. 1 and the complainant was solemnized 17-18 years back, and thereafter, dispute arose, and subsequently, complaint was filed. In view of report in Mediation Proceeding No. 111 of 2011, which was proceeded pursuant to judicial order passed by this court, the court is of the opinion that no purpose would be Patna High Court Cr.Misc. No.24566 of 2009 (6) dt.25-04-2012 3 / 3 3 served in allowing proceeding in Complaint Case No. C/1-306 of 2008/ Tr. No. 2864 of 2009 to further proceed. Accordingly, entire proceeding in Complaint Case No. C/1-306 of 2008 / Tr. No. 2864 of 2009, pending in the court of learned Sub Divisional Judicial Magistrate, Hajipur (Vaishali), is hereby set aside and the petition stands allowed. Praful/- (Rakesh Kumar, 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.