Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 17078 of 2009 ====================================================== 1. Ram Lakhan Mishra, son Late Damodar Mishra, Presently working as Deputy Manager, National Insurance Co. Patna. 2. Praveeen Kumar Mishra, Son of Sri Ram Lakhan Mishra. Both are resident of Village-Aasi, P.S.-Ghanshyampur, Darbhanga. .... .... Petitioner/s Versus 1. The State of Bihar. 2. Ranjit Kumar Mishra, S/o Siya Ram Mishra, R/o Vill-Aasi, P.S.- Ghanshyampur, Darbhanga. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. Vasudeo Ram Mr. Gajendra Prasad Yadav ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 04. 04.04.2012 The petitioners seek quashing of the entire proceeding including the order dated 04.06.2007 passed by the Sessions Judge, Darbhanga in Cr. Rev. No. 535 of 2006 has confirmed the order dated 21.11.2006 passed by the Judicial Magistrate, 1st Class, Biraul, Benipur, Darbhanga by which he has taken cognizance in the matter under [STATUTE] . The case of the Complainant is that despite the settlement by the Gram Panchayat in respect of some landed property wall had been demolished by the petitioners which was opposed by the Opposite Party and when he protested the accused variously assaulted him and committed theft. It has been submitted on behalf of the petitioners that on account of civil dispute the present complaint has been filed and after the initial case there has been no further escalation of any bad blood between the parties and, therefore, in the interest of justice the case be quashed to promote feeling of well being Patna High Court Cr.Misc. No.17078 of 2009 (4) dt.04-04-2012 2 between them. The Counsel for the Opposite Party No. 2 submits that the petitioners should restrain themselves and not commit any further mischief. In the facts of the case and in the interest of justice, the application is allowed with a direction to the parties to ensure that they conduct themselves properly and there is no further cause for complaint against either of them. The application stands allowed and the entire proceeding including the order dated 04.06.2007 passed by the Sessions Judge, Darbhanga in Cr. Rev. No. 535 of 2006 is, hereby, set aside. Vikash/- (Anjana Prakash, J.)

Applicable IPC Section: 341

Statute Text:
Section 341 of the Indian Penal Code. Wrongfully restraining any person. Whoever wrongfully restrains any person shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both.