IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.322 of 2025 Arising Out of PS. Case No.-16 Year-2022 Thana- SC/ST District- Siwan ====================================================== 1. Vijay Pandey S/O Satyadeo Pandey R/O Village- Gothi, P.S- Andar, Distt.- Siwan. 2. Gopal Pandey S/O Satyadeo Pandey R/O Village- Gothi, P.S- Andar, Distt.- Siwan. 3. Rajmati Devi W/O Vijay Pandey R/O Village- Gothi, P.S- Andar, Distt.- Siwan. 4. Chanda Devi W/O Gopal Pandey R/O Village- Gothi, P.S- Andar, Distt.- Siwan. ... ... Appellant/s Versus 1. The State of Bihar 2. Soni Devi W/O Binod Kumar Sah R/O Village- Gothi, P.S- Andar, Distt.- Siwan. ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Pankaj Kumar Singh, Advocate For the Respondent/s : Mrs.Usha Kumari 1, Spl. P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 3 27-03-2025 In this case, an order was passed on 30.01.2025. However, inadvertently, in para-9 it has been recorded as follows: 9. Prayer of bail and suspension of sentence shall be considered after receiving of the Trial Court Record. 2. The same be deemed as deleted. 3. Heard the parties. 4. The present appeal has been preferred: Patna High Court CR. APP (SJ) No.322 of 2025(3) dt.27-03-2025 2/4 against the order dated 20.11.2024 passed by the learned District and Additional Sessions Judge-1st cum Special Judge, Siwan in Special Case No. 324 of 2022 arising out of Siwan SC/ST Case No. 16 of 2022 dated 11.09.2022 for the offence under sections 323, 341, 354(B), 379, 504, 448/34 of the Indian Penal Code and section 3(1)(r)(s) and 3 (2)(va) of the SC/ST Act whereby the discharge petition dated 31.05.2024 filed by the appellants was rejected and they were directed to appear physically for framing of the charge. 5. As per the prosecution story, the informant alleged that there is land dispute between the parties and in continuation of that, the present appellants which include their respective wives after taking caste name assaulted, dragged her outside the home and further snatched the golden chain/Mangalsutra. This led to the FIR. 6. Learned counsel for the appellants submit that Patna High Court CR. APP (SJ) No.322 of 2025(3) dt.27-03-2025 3/4 the appellants lodged FIR against the respondent herein and as a counter blast, the present case. He submits that though there is civil dispute, now both the parties want an end to their criminal angle as being the residents of the same place, would like to pursue the civil remedy instead of perusing the criminal cases by both sides. 7. The respondent no.2 has appeared through counsel and though he supports the prosecution story, on instruction, he submits that it would be appropriate that both sides withdraw their respective cases and pursue the civil remedy available to them. 8. There is case and counter case by both the sides. Two criminal cases are running relating to civil dispute between the parties, affecting the time and energy of the different Courts. This Court appreciates the stand taken by both the learned counsels on instruction that they want to end the two FIRs numbered Siwan (Sadar) SC/ST P.S. Case No. 16 of 2022 lodged on 11.09.2022 by the respondent no.2 as also the Siwan (Sadar) P.S. Case No. 170 of 2022 lodged on 10.08.2022 by the appellants side. 9. Both sides have consented that they shall be filing a joint petition/affidavits in both the cases so that the two Patna High Court CR. APP (SJ) No.322 of 2025(3) dt.27-03-2025 4/4 cases come to an end. 10. In that background, learned counsel for the appellants submit that as the matter has been resolved between the parties, for the present, he may be permitted to withdraw the petition so that they can abide by the undertaking given before this Court. 11. On this positive note, the Cr. Appeal (SJ) No. 322 of 2025 stands disposed of. Ravi/- (Rajiv Roy, J) U T