IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.47723 of 2008 MAHADEO PRASAD DAS & ORS Versus THE STATE OF BIHAR & ANR with Cr.Misc. No.50964 of 2007 LAXMI NARAYAN DAS & ORS Versus STATE OF BIHAR & ANR. In Cr. Misc. no. 47723 of 2008 For the Petitioners) :Mr. Ashuthosh Kumar, Advocate For the State : Mr. Jharkhandi Upadhyay, APP In Cr. Misc. no. 50964 of 2007 For the Petitioner : Mr. Dr. Anjani Prasad Singh, Advocate. For the O.Ps : Mr. Shushil Kumar Singh, Advocate. For the State : Mr. Jharkhandi Upadhyay, APP ----------- 02 16.09.2010 Both the matters have been taken up together. The parties to the proceedings are the husband and their family members as well as wife and their family members. Cr. Misc. no. 50964 of 2007 has been filed by the family members of wife wherein order dated 06.02.2002 passed by learned Sub Divisional Judicial Magistrate, Munger in complaint case no. 842 ( c) of 2001, has been called in question. By this order learned Magistrate has taken cognizance against the petitioners/accuseds under diverse Sections of Penal Code including Sections 323,384,392,367 of the Penal Code. Cr. Misc. no. 47723 of 2008 has been filed by the husband and his relatives. They have challenged the order dated 17.01.2008 passed by learned Judicial Magistrate, Ist Class in complaint case no. 353(C ) of 2001 whereby the application filed on behalf of the opposite party no.2 (Complainant) under Section 311 of the Code of Criminal Procedure (hereinafter referred to as the „Code‟) for summoning the witnesses 2 2 was allowed. It is also directed against the order dated 21.10.2008 passed by learned Sessions Judge, Munger in Cr. Rev. no.57 of 2008 whereby the order dated 17.01.2008 passed by learned Judicial Magistrate, First Class has been upheld. A supplementary affidavit has been filed on behalf of the petitioners of Cr. Misc. no. 50964 of 2007 (Laxmi Narayan Das & Ors. Vs. The State of Bihar) stating therein as under:- “3. That in the present case Decree of divorce has passed by learned Additional District Judge VII, Munger in Title suit (Matrimonial ) no. 61 of 2001 vide his order dated 10.9.2002 (Annexure-6) of the main petition. 4. That thereafter both parties have been living separately even petitioner no.5 perform marriage in the year 2005 and living happily with her family. And in other hand Opp. Party no.2 namely Pappu Kumar has also solemnized marriage in year 2002 at Nauagrahi at Munger much earlier and living with his wife and also have two children aged about 4 and 3 year. 5. That now both parties have been living happily with their own family. 6. That now if opposite party no.2 want not proceed with the matter, the petitioner also does not want to proceed with the matter.” Mr. Ashutosh Kumar learned counsel appearing in support of Cr. Misc. No. 47723 of 2008 also states before this Court that cordial relations have since been resumed between the parties and they mutually want to bury the pending litigations and wish to withdraw all cases against each other at all forums. Both counsels, therefore, seek permission to withdraw the two present proceedings. It has been stated by both of them that they shall be filing identical applications in Courts/forums where other litigations between the parties are now pending. It is the submission of 3 3 both the learned counsel that this Court may observe that in the light of the present stand taken by the parties in these two proceedings all such applications may be considered and disposed of in accordance with law. Let both the petitioners file appropriate affidavit(s) in the pending matters in the Court below which shall be considered and disposed of in accordance with law keeping in view the stand of the petitioners of both the cases before this Court. It is also observed that learned court below shall also keep in focus that in view of the stand taken by the parties no meaningful purpose would be served in proceedings with those matters. As prayed for by both the Counsels, both these applications, namely, Cr.Misc. no. 47723 of 2008 & Cr. Misc. no. 50964 of 2007 are permitted to be withdrawn. Both these matters are, accordingly, disposed of. Sym ( Kishore K. Mandal, J.)