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Judgment
C.S.Dias, J
The revision petition is filed challenging the order passed by the Sub divisional Magistrate, Kasaragod, in M.C.No.42/1998, under Section 138 of the Code of Criminal Procedure,1973 (in short, ‘Cr.P.C.’), directing the revision petitioner to remove the obstruction and restore the pathway in question to its original condition.
Today when the revision petition was taken up for consideration, Sri. K.V. Sohan, the learned counsel appearing for the revision petitioners submitted that, subsequent to the filing of the revision petition, the dispute between the revision petitioners and the first respondent was settled before this Court in R.S.A. Nos.802/2005, 707 & 781/2006. Therefore, the revision petitioners are no longer desirous of prosecuting the revision petition because nothing further survives in the revision petition and the revision petition has become infructuous.
Having considered the pleadings and materials on record and taking note of the submissions made across the Bar and taking into account the fact that the impugned order is one passed under Section 138 of the Cr.P.C., I am inclined to accept the above submission,especially in view of the subsequent developments that have transpired in the matter, and the parties have amicably resolved their civil dispute which is the principal issue in this revision petition also.
Resultantly, the revision petition is dismissed as infructuous.