IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.31268 OF 2008 1. ANJANI MOTANI @ ANJANI KUMAR MOTANI, SON OF LATE BALA PRASAD MOTANI 2. SANJAY MOTANI, SON OF ANJANI KUMAR MOTANI BOTH RESIDENT OF MOHALLA UJJAIN TOLA, POLICE STATION BETTIAH TOWN, DISTRICT WEST CHAMPARAN ………………………………………………………………………….PETITIONERS VERSUS 1. THE STATE OF BIHAR 2. UGAR GADDI, SON OF LATE DHANI GADDI, RESIDENT OF VILLAGE BHABARIA, POLICE STATION BAIRAI, DISTRICT WEST CHAMPARAN ********** 5 18/07/2011 Heard Counsel for the petitioners and the A.P.P. appearing on behalf of the State. Initially, the Court dismissed the complaint petition on the ground that there is a dispute with respect to the title of mango and litchi orchards. It had been alleged that the accused persons had come on a tractor and taken away all the litchi and mangoes fruits worth Rs. 50,000/-. The Court below found that in fact the complainant as well as the Opposite Parties could not produce any documents to show the title over the lands in question. The Revisional Court set aside the order rejecting the complaint petition and remanded the matter back to the Court concerned to gather material which has come in the complaint petition and also in the statement recorded on S.A. Counsel for the Opposite Party No. 2 inform this Court that subsequently cognizance has been taken 2 in this matter under Section 323 of the Indian Penal Code. Subsequently, it appears that the compromise has also been filed before the Court below. It appears from perusal of the complaint petition that there is no allegation in the complaint petition that there was assault at the place of occurrence. Counsel for the Opposite Party No. 2 informs this Court that in any event, there has been a compromise between the parties. Considering the aforesaid facts, no order need be passed in this application, it has virtually become infructuous. This application is dismissed as infructuous. Anand ( Sheema Ali Khan, J. )