IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9480 of 2009 1. NAGDEO SINGH SON OF LATE RAJENDRA SINGH 2. KAMDEO SINGH SON OF LATE RAJENDRA SINGH 3. JITENDRA SINGH SON OF RAMDEO SINGH 4. SUBODH SINGH SON OF RAMNANDAN SINGH, ALL RESIDENTS OF VILLAGE PAHARPUR, P.S. GURARU, DISTT. GAYA 5. VISHWANATH KUMAR SINGH SON OF GIRIJA SINGH, RESIDENT OF VILLAGE SAREWA, P.S. GURARU, DISTRICT GAYA (BIHAR) …… PETITIONERS. Versus 1. THE STATE OF BIHAR 2. BINOD PRASAD ALIAS BINOD PASWAN, SON OF MAHAVIR PASWAN, RESIDENT OF VILLAGE PAHARPUR, P.S. GURUA, DISTRICT GAYA …. OPPOSITE PARTIES. ----------- 3. 7.9.2010 The petitioners seek quashing of the order dated 5.7.2008 passed by the Chief Judicial Magistrate, Gaya in SC/ST P.S.case No.15 of 2007 (Tr.No.35 of 2008) arising out of Complaint case No.845 of 2007, by which cognizance has been taken u/ss.147, 148, 149, 323, 380, 427, 452 of the Indian Penal Code and Section 3(X) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act. The Counsel for the petitioners submits that in fact petitioner no.1 had filed a case against the opposite party no.2 on 28.6.2007 and after two and half months the present complaint was instituted by the opposite party no.2. It has also been submitted that the petitioners are neighbours of the opposite party no.2 and they are ready to compromise the matter with the opposite party no.2. The Counsel for the opposite party no.2 has no objection, if the petitioner no.1 withdraws Complaint case No.882 - 2 - of 2007 (Trial No.1309 of 2008) instituted for the offences u/ss.386, 380, 323, 341, 504 and 506 I.P.C. Considering the nature of agreement between the parties, the application is allowed and the order dated 5.7.2008 passed by the Chief Judicial Magistrate, Gaya in SC/ST P.S.case No.15 of 2007 (Tr.No.35 of 2008) arising out of Complaint case No.845 of 2007 is quashed, but subject to the petitioner no.1 filing a withdrawal petition before the concerned court in Complaint case No.882 of 2007 (Trial No.1309 of 2008). Let this order be communicated to the court concerned through fax at the cost of the petitioner, before whom Complaint case No.882 of 2007 (Trial No.1309 of 2008) is pending so that he can pass necessary orders on the withdrawal petition filed by the petitioner no.1. Narendra/ ( Anjana Prakash, J. )