CRIMINAL MISCELLANIOUS No.12989 OF 2004 ******** In the matter of an application under Section 482 of the Code of Criminal Procedure. ******** 1. MANGLESHWAR TIWARI, S/o Late Shiv Janam Tiwari. 2. Bhutali Tiwari, S/o Mangleshwar Tiwari. 3. Jamuna Tiwari, S/o Late Ramnandan Tiwari. 4. Sanjit Kumar Tiwari @ Sanjit Tiwari, S/o Jamuna Tiwari. 5. Ganga Tiwari, S/o Late Ranjandan Tiwari. All are resident of village Parriyawa, Police Station Bikram, District-Patna. ----------------(Petitioners) Versus 1. THE STATE OF BIHAR. 2. Krishn Deo Dubey, S/o Late Chandrika Dubey, R/o Vill-Parriyawa, P.S.-Bikram, Distt.-Patna. ---------------(Opposite Parties) ********* P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH ********* Anjana Prakash, J. The petitioners seek quashing of the entire proceeding including the order dated 07.02.2004 passed by Judicial Magistrate, 1st Class, Danapur in Complaint Case No. 793(C) of 2003 by which the Magistrate has taken cognizance for offences under Sections 147, 323 and 379 of the Indian Penal Code. 2. On 25.11.2005 the matter was heard and Opposite Party No. 2 was noticed with 2 further proceedings in the court below having been stayed. On 02.03.2006 the mater was admitted for hearing. Today the Opposite Party No. 2 despite being noticed has not appeared in this Court. 3. The case of the complainant is that the accused persons came upon the land of the informant and started cutting the bamboo clumps and also allegedly assaulted the informant and committed theft of certain articles. 4. It has been submitted on behalf of the petitioner that in fact on 03.10.2003 it is the nephew of the complainant who had threatened the petitioner No. 1 and also assaulted him. For this reason the petitioner No. 1 reported the matter to the Officer In-charge Bikram on 04.10.2003. Thereafter the present complaint was filed on 06.10.2003 alleging that on 02.10.2003 i.e. four days earlier the petitioners had committed the excesses mentioned above. 5. The simple argument of the counsel for the petitioner is that the present complaint is nothing but a back-lash to the report having 3 been made by the petitioner No. 1 and from the facts of the case it appears that allegations are totally general and non-specific in nature. The further submission is that now the parties who are neighbours have compromised due to which the accused of the case, filed by petitioner No. 1 have been acquitted by the Trial Court. He therefore prays that it is in the interest of justice that when good feeling has been restored between parties the same be not disturbed and the matter be quashed to prevent only further escalation of ill-feeling. 6. In view of such, this application is allowed and the entire proceeding including the order taking cognizance dated 07.02.2004 passed by Judicial Magistrate, 1st Class, Danapur in Complaint Case No. 793(C) of 2003 is hereby set aside. 7. Application stands allowed. Patna High Court, Patna. Dated the 13th July, 2010 NAFR/ Vikash/- ( Anjana Prakash, J.)