Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.25571 of 2009 ====================================================== 1. Lal Babu Nayan, son of late Rajendra Prasad 2. Most Krishna Devi @ Most. Krishna Kumari Sinha, widow of late Rajendra Prasad, both resident of village – Guladia Bigha,P.S. Silao, Distt. Nalanda presently residing at village – Mai, P.S. Parwalpur, Distt. Nalanda. .... .... Petitioner/s Versus 1. The State of Bihar 2. Pankaj Kumar, son of Birendra Prasad, resident of village Mai, P.S. Parwalpur, Distt. Nalanda. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Abhinay Raj, Adv. For the State : Mr. Dilip Kumar, A.P.P. For the Opposite party No. 2 : Miss. Kiran Kumari, Adv. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 4. 23-04-2012 Heard learned counsel for the petitioners and the State. The petitioners seek quashing of the entire proceeding including the order dated 5.9.2008 passed by the Judicial Magistrate, 1st Class, Hilsa, in Complaint Case No. 774(c) of 2007as also the order dated 6.6.2009 passed in Criminal Revision No. 406 of 2008 by which the 1st Additional Sessions Judge, Nalanda at Bihar Sharif has affirmed the said order. The case of the Complainant is that while he was travelling with Rs. 5,000/- to hand over to his sister, the accused persons came there and assaulted him and also committed theft of the said money and his wrist watch. It has been submitted on behalf of the petitioners that Patna High Court Cr.Misc. No.25571 of 2009 (4) dt.23-04-2012 2 / 2 2 there was land dispute between the parties on account of which Title Suit No. 186 of 2007 was filed between them and a proceeding under Section 144 Cr. P.C. was also initiated. The petitioner No. 2 had earlier filed Parwalpur P.S. Case No. 199 of 2007 also punishable under [STATUTE] . The submission is that it would be in the interest of the parties that the minor cases filed by both the parties should be set aside. The Opposite party No. 2 also agrees to this submission. In view of such, further proceeding of Parwalpur P.S. Case No. 199 of 2007 pending before the Judicial Magistrate, 1st Class, Hilsa, as well as the Complaint Case No. 774(c) of 2007 pending before the Judicial Magistrate, 1st Class, Hilsa as also the order dated 6.6.2009 passed by the 1st Additional Sessions Judge, Nalanda, Bihar Sharif, in connection with Criminal Revision No. 406 of 2008 are hereby set aside. The application stands allowed. The Additional Chief Judicial Magistrate, Hilsa, is directed to place this order before the Magistrate in seisin of two cases mentioned above. S.Ali (Anjana Prakash, J.)

Applicable IPC Section: 427

Statute Text:
Section 427 of the Indian Penal Code. Mischief, and thereby causing damage to the amount of 50 rupees or upwards. Whoever commits mischief and thereby causes loss or damage to the amount of fifty rupees or upwards, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.