IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40147 of 2004 In the matter of an application under Section 482 of the Code of Criminal Procedure. 1 BIJAY KUMAR CHAUDHARY, S/O Late U.N. Chaudhary 2. VIKKI CHAUDHARY, S/O Bijay Kr. Chaudhary 3. SMT. SUSHAMA CHAUDHARY, W/O Bijay Kr. Chaudhary All Resident of Village Navatolia, P.S. Bihpur(Bhawanipur) Distt.Bhagalpur. …………Petitioners. Versus 1. THE STATE OF BIHAR 2. MRITYUNJAY KR. CHAUDHARY, S/O Late Upendra Narayan Chaudhary, Resident of Village Navatolia, P.S. Bihpur(Bhawanipur), Distt Bhagalpur. ……..Opposite Parties. For the Petitioner : Mr. Ajay Kumar Thakur, Mr. Amit Kumar, Adv. For the O.P. No. 2 : Mr. Sunil Kumar Singh, Mr. Rajeeve Ranjan Singh,Adv. For the State : Mr. Murli Dhar, A.P.P. ***** PRESENT THE HON’BLE MR. JUSTICE AKHILESH CHANDRA ***** Akhilesh Chandra, J Heard learned counsel for the petitioners, opposite party no. 2 and Additional Public Prosecutor for the State. 2. This application under Section 482 Cr.P.C. has been filed seeking quashing of order dated 15.10.2004 passed by Additional Chief Judicial Magistrate, Naugachia taking cognizance for the offence under Sections 323, 448, 504, 379 of the Indian Penal Code against all the six named accused persons in Complaint Case No. 134 of 2004, filed by Opposite Party No. 2. 3. The three petitioners here are also named accused persons out of the six named in the complaint. After some arguments - 2 - the learned counsels representing the parties arrived at this agreement that there is some material against petitioner no. 1 Bijay Kumar Chaudhary. In that view of the matter, learned counsel for the petitioners with extent to the petitioner no. 1 Bijay Kumar Chaudhary, seeks permission to withdraw this application, at the same time learned counsel for opposite party no. 2 also fairly conceded that there is no material to proceed against rest of the petitioners, Vikki Chaudhary and his mother Smt. Sushama Chaudhary, so the impugned order may be quashed with respect to them in view of the agreement entered into between the members of Bar. 4. Considering the factual and legal aspect without further adjudication on merit, this application with respect to petitioner no. 1 i.e. Bijay Kumar Chaudhary stands dismissed as withdrawn, but with respect to petitioner no. 2 and 3 i.e. Vikki Chaudhary and Smt. Sushama Chaudhary stands allowed, impugned order to their extent is quashed. Patna High Court Date : The 29th July 2010 Praveen/ ( Akhilesh Chandra, J.)