IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2288 of 2008 ASHISH SAHA, son of Sohan Prasad Suman, Resident of Hatpara, P.S. Barharwa, District- Sahabganj. . . . . . Petitioner. Versus MALA DEVI, D/o Sri Bishwanath Gupta, Resident of R.N. Sao, Purnea, Near Bank of India, P.S. K. Hat, District- Purnea. . . . . Opp. Party. ----------- 7/ 14.12.2010 Heard Mr. N.K. Agrawal, Sr. counsel for the petitioner and Mr. G.P. Bimal, counsel for the opposite party. A certified copy of withdrawal application has been filed on behalf of opposite party. The petitioner as well as opposite party are present in person and they are represented by their learned counsels. Mr. G.P. Bimal submits that opposite party Mala Devi pursuant to the order of this case has filed an application for withdrawal of Complaint case no. 2123 of 2005. He further submits that if the petitioner would have been present on the relevant date, the withdrawal of the case could have taken shape. Heard the parties, I direct the trial court to pass appropriate order in respect of withdrawal of the case, as the complainant herself filed withdrawal application, pursuant to the order of this Court. The petitioner would cooperate in this matter and would be physically present on the date fixed by the trial court in the proceeding. The passing of this order will not come in the way of the parties to effect a compromise subsequently, which could be always desirable in the facts and circumstances of the case. With the aforesaid observation this application is 2 disposed of. Let this order be sent to the court of Sub-Divisional Judicial Magistrate, Purnea in Complaint case bearing C.A. No. 2123 of 2005 through Fax at the cost of the petitioner. Uday/ (Samarendra Pratap Singh, J.)