IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12273 of 2009 SURESH MOHAN DATTA, Son of Late Ram Mohan Datta, Resident of Mohalla Netaji Subhash Path, P.S. Kotwali, District Gaya. ………Petitioner Versus 1.THE STATE OF BIHAR 2.SHANKAR YADAV, Son of Late Gopal Yadav, Resident of Mohalla Makhlot Ganj, P.S. Kotwali, District Gaya. ……..Opposite Parties 02/- 30-09-2010 Heard learned counsel for the petitioner and Additional Public Prosecutor for the State. This is an application under Section 482 of the Code of Criminal Procedure seeking quashing of order dated 16.5.2007 arising out of Complaint Case No. 1378 of 2006, taking cognizance for the offence under Sections 420, 406, 323 and 504 of the Indian Penal Code by Sri Aloke Raj, Judicial Magistrate, 1st Class, Gaya. The initial argument of learned counsel for the petitioner is that controversy between the parties is of purely civil nature, in view of the contents made in the complaint regarding difference of area of the land as pointed out by learned Additional Public Prosecutor brings the case under the purview of criminal court. After some arguments, learned counsel for the - 2 - petitioner seeks permission to withdraw this application with a liberty to make endeavors for disposal of the case preferably by amicable settlement or agitate all his points before the court below at appropriate stage. Permission is granted. Accordingly, this application stands dismissed as withdrawn. Praveen (Akhilesh Chandra, J.)