Patna High Court
GEETA DEVIversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SANDEEP KUMAR
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
- Indian Penal Code — s. 323
- SC/ST (Prevention of Atrocities) Act — s. 3(i), 3(r), 3(s)
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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