CRIMINAL MISCELLANIOUS No.20921 OF 1999 (In the matter of an application under Section 482 of the Code of Criminal Procedure) 1. SHRI R.N.TIWARY Son of Late Shri Sitaram Tiwary 2. Mithilesh Tiwary Son of Shri R.N. Tiwary 3. Raj Kumar Tiwary Son of Shri R.N. Tiwary All resident of Road No. 6/C, Rajendra Nagar, Police Station Kadamkuan, District- Patna. ----------------Petitioners Versus 1. STATE OF BIHAR 2. Ramchandra Kharage son of Late Shri Nekchedi Kharge All Resident of Road No. 6/C Rajendra Nagar, Police Station Kadamkuan, District-Patna ----------------Opposite Parties For the Petitioners:- Mr. Amit Prakash, Adv. For the State:- Mr. Murlidhar, A.P.P. ----------- P R E S E N T THE HON'BLE JUSTICE SMT. SHEEMA ALI KHAN ******** Sheema Ali Khan, J. Heard the parties. 2. It is submitted on behalf of the petitioner nos. 2 and 3 that the father of petitioner no. 1 died during the pendency of this application. 3. The petitioners have come to this Court against the order of discharge dated 22.03.1999. The allegation in the F.I.R. indicates that there are some disputes between the petitioners and the opposite parties with respect to opening of a window. There was an exchange of hot words, the petitioner has assaulted the informant and his mother. 4. Learned counsel for the petitioners submits that there was a counter case also filed on behalf of the petitioners under Section 307 of the Indian Penal Code. 2 Learned counsel for the petitioners further refers to Annexure-2 which indicates that the informant and his family members were arrested on the spot and taken into custody. 5. It is a case under Sections 323, 448, 337, 427 and 34 of the Indian Penal Code. The counter case has been brought on record which refers to fact that both parties are neighbours. Despite notices, no body appears from the side of the opposite party as the matter has been resolved between both the parties, inasmuch as the petitioner did not pursue the complaint case filed by them which was dropped, due to the understanding between them. To revive the present case, which is a petty offence committed in year 1999, in the circumstances aforesaid will be waste of the Courts time and would not bear any fruitful results. 6. This Court also finds that prima facie no offence could be made out against the petitioners, as it appears that this is a case of exchange of hot words between the parties. 7. This application is allowed. The order dated 22.3.1999 passed in Kadamkuan P.S. Case No. 403 of 1996 is quashed. Patna High Court Dated 2nd of May, 2011 Anand Kr./NAFR ( Sheema Ali Khan, J.)