CRIMINAL MISCELLANEOUS No.39602 OF 2007 ---- In the matter of an application under Section 482 of the Code of Criminal Procedure,1973. ---- 1. DEO NANDAN RAI 2. SUKH NANDAN RAI BOTH SONS OF SRI LAKHAN RAI, BOTH RESIDENTS OF VILLAGE BHALURADIH, P.S. AURAI, DISTRICT MUZAFFARPUR. 3. BIMAL KUMAR CHOUDHARY, S/O LATE RAM UDGAR CHOUDHARY, R/O VILLAGE NIMACHAK HAIDAR, P.S. CHAKMAHESHI, DISTRICT SAMASTIPUR. ... ... PETITIONERS. Versus 1. THE STATE OF BIHAR 2. DEEP NATH JHA, S/O RAJ BALI JHA, R/O VILLAGE RATWARA, BINDWARA, P.S. AURAI, DISTRICT MUZAFFARPUR. ... ... OPPOSITE PARTIES. ---- For the Petitioners : Mr. Pushkar Narayan Sahi,Adv. For O.P. No.2 : Mr. Nachiketa Jha, Adv. For the State : Mrs.Indu Bala Pandey, A.P.P. ---- P R E S E N T THE HON'BLE MR. JUSTICE RAKESH KUMAR ---- Rakesh Kumar,J. Three petitioners, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, have prayed for quashing of a revisional order dated 25.5.2007 passed by Shri Ajit Kant Sharan, IVth Additional Sessions Judge, Muzaffarpur in Cr. Revision No.209 of 2006 affirming the order dated 23.10.2006 passed by Shri A.K. Dubey, Judicial Magistrate, Muzaffarpur in Complaint Case No.1265 of 2005, Tr. No.2154 of 2007. By the said order, learned Magistrate has taken cognizance of the offence under Sections 406, 2 420 and 379 of the Indian Penal Code. 2. At the very outset, Shri Nachiketa Jha, learned counsel appearing on behalf of opposite party no.2-complainant, submitted that outside court, dispute has been settled in between the parties. It was further submitted that as per instruction, now complainant is not interested to pursue the complaint proceeding. 3. In view of the stand taken by Shri Nachiketa Jha, learned counsel appearing on behalf of opposite party no.2, it would not be appropriate to allow proceeding to further continue. 4. Accordingly, both the orders i.e. order dated 25.5.2007 passed by IVth Additional Sessions Judge, Muzaffarpur in Cr. Revision No.209 of 2006 and order dated 23.10.2006 passed by Judicial Magistrate, Muzaffarpur are hereby set aside and petition stands allowed. ( Rakesh Kumar,J.) PATNA HIGH COURT Dated 24.11.2010 N.A.F.R./N.H.