IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.53450 of 2007 PARSHURAM PANDEY son of Baijnath Pandey, resident of village- Gamhariya, P.S. Raxaul, District- East Champaran, at present posted as ASI, Mali Police Station, District- Aurangabad. ...Petitioner Versus 1. THE STATE OF BIHAR & 2. Bhim Kumar son of Ram Naresh Paswan, resident of village- Pauthu Tola-Dhadhna Bigha, P.S. Jamhore, District- Aurangabad, at present residing at village- Ankorha, P.S. Mali, District- Aurangabad. ...Opposite Parties ----------- For the petitioner : Mr. Krishna Prasad Singh, Sr. Advocate with Mr. Manish Kumar-3, Advocate For the State : Mr. Jharkhandi Upadhyaya, APP For the OP No.2 : Mrs. Meena Singh, Advocate -------------- 4/ 07.05.2010 Heard learned counsel for the petitioner and the State. This is an application for quashing the order dated 7.9.2007 passed by the Chief Judicial Magistrate, Aurangabad, in Complaint Case No.1055 of 2006, by which he has taken cognizance for the offence under sections 323, 341, 504 of the Indian Penal Code and section 3(x) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act. On 15.12.2006, the complainant filed a complaint stating that he was variously abused by the accused persons and threatened of dire consequences and the accused persons also snatched away certain amount from them. After due enquiry under section 202 Cr. P. C., the court took cognizance and issued summons against the accused persons. On the last occasion, the opposite party no.2 was noticed by this court by order dated 5.2.2008 and on service of summon, - 2 - opposite party no.2 has appeared and submits that, in fact, he does not want to contest the case any more. He has no objection to the case being dropped at this stage so that there is further acrimony between the parties. It is submitted by the petitioners that, no doubt, section 3(x) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act is not compoundable, but as per the dictate of the Hon’ble Supreme court in the judgment reported in (2008) 4 SCC 582 (Madan Mohan Abbot Vs. State of Punjab) it has been held that a common sense approach should be applied by the court in considering such matters and even if the matter is not compoundable, if the court feels that the matter should be dropped in the interest of justice, the High court is not crippled in any manner in view of the vast powers which it derives under section 482 Cr. P. C. In view of such, I am of the view that continuance of the proceeding will be a gross abuse of the process of the Court. Hence, this application is allowed and the order dated 7.9.2007 passed by the Chief Judicial Magistrate, Aurangabad, in Complaint case no.1055 of 2006, is hereby quashed in so far as it relates to the petitioner only. The application stands allowed. JA/- (Anjana Prakash, J.)