BINDESHWAR PATHAK Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned counsel for the State and learned counsel appearing for the complainant, opposite party no.2.

(2.) Petitioner has prayed for quashing of order dated 25.9.1997 passed by the Judicial Magistrate 1st class, Patna in Complaint Case No.473 (c) 97 leading to T.R.1181/97 relating to offences under Sections 504 and 323 of the Indian Penal Code.

(3.) Learned counsel for the petitioner has submitted on the basis of Annexure-2 that because of being business rivals at the relevant time some other cases were also pending between the parties which were subsequently compromised as would appear from joint petition of compromise in Complaint Case No.194 (c) 88 filed before Sub Divisional Judicial Magistrate, Sadar, Patna. It has been submitted that this case is also under simple and compoundable sections of the IPC and photocopy of order-sheet of the court below has been produced to show that on 22.1.2000 the complainant filed a petition for withdrawal of the complaint under Section 257 of the Code of Criminal Procedure. The same was moved on 1.3.2000 but the court below expressed its inability to deal with the petition on account of interim stay operating in the present case pending before this Court.