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Patna High Court

GEETA DEVIversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The appeal is disposed of with a direction to the Special Judge to consider the compromise petition and pass an appropriate order.

Summary

The appellant, Geeta Devi, appealed against an order dated 28‑09‑2021 of the Special Judge (SC/ST (POA) Act) that had taken cognizance of an alleged assault under IPC Section 323 and Sections 3(i), (r), (s) of the SC/ST (POA) Act. The prosecution alleged that the appellant and others assaulted the complainant while she was hanging clothes. The appellant contended that the parties had settled the dispute and had filed a compromise petition before the Special Judge. The Patna High Court, after hearing counsel for both sides, disposed of the appeal and directed the Special Judge to consider the compromise petition and pass an order in accordance with law. Consequently, the application was dismissed and the matter was left for further determination by the Special Judge.

Issues considered

  • Whether the appeal challenging the taking of cognizance under IPC 323 and SC/ST (POA) Act can be set aside.
  • Whether a compromise petition is permissible in a case involving alleged assault under the SC/ST (POA) Act.

Legislation cited

Subjects

  • Criminal Appeal
  • Assault
  • Compromise Petition
  • SC/ST (POA) Act
  • IPC 323
  • Settlement

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.1848 of 2022
                 Arising Out of PS. Case No.-490 Year-2019 Thana- SARAN COMPLAINT CASE District-
                                                         Saran
                 ======================================================
                 GEETA DEVI Wife of Sunil Prasad R/o village - Jaitpur, P.S.- Daudpur,
                 District - Saran.

                                                                              ... ... Appellant/s
                                                     Versus
           1.    The State of Bihar
           2.    Sharda Devi Wife of Bindo Sah R/o village - Jaitpur, P.S.- Daudpur, District
                 - Saran.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :       Mr.Krishna Kant Singh, Advocate
                 For the Respondent/s   :       Mr.A.G
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   03-02-2026                   Heard learned counsel for the appellant and learned

                   counsel for the State.

                               2. This appeal has been filed for setting aside the

                   order dated 28.09.2021 passed by learned Special Judge SC/ST

                   (POA) Act, Saran at Chapra in Complaint Case No. 490/2019 by

                   which cognizance has been taken under Section 323 of the I.P.C.

                   and Sections 3(i)(r)(s) of the SC/ST (POA) Act against the

                   appellant and others.

                               3. As per the prosecution case, appellant along with

                   others is alleged to have assaulted the complainant while she

                   was hanging clothes.

                               4. Learned counsel for the appellant submits that the
              Patna High Court CR. APP (SJ) No.1848 of 2022(3) dt.03-02-2026
                                                           2/2




                        parties have settled their dispute and filed the compromise

                        petition in the court of Special Judge.

                                     5. In these circumstances, this appeal stands disposed

                        of with a direction to the Special Judge to consider the

                        compromise petition and pass an appropriate order in

                        accordance with law.

                                     6. This application stands disposed of.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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