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Judgment
Heard learned counsel for the petitioner; learned APP for the State; learned counsel for the opposite party no. 7 and learned counsel for the opposite party no. 10.
The petitioner has moved the Court under Sections 397 and 401 of the Code of Criminal Procedure, 1973 for the following relief:
"That the present Revision is directed to set side the order dated 24.8.2017 by the Executive Magistrate, Jagdishpur, Bhojpur at Ara in Case No. 70 of 2000/Tr. No. 26/2013 under section 145 Cr.P.C. decided on the basis of compromise only to the extent of 0.03 decimal land and directed the officer in-charge of concerned police station and Anchaladhikari for necessary action which is totally illegal and without jurisdiction."
After hearing the parties, it appears that the dispute was with regard to 3 decimals of land. However, learned counsel for the petitioner submitted that the total land was 12 decimals in which he also had share on the ground that it belonged to his ancestor as per the Khatiyan. He further submitted that subsequently also, there has been compromise between the parties.
Having regard to the fact that the dispute in the present case relates to 3 decimals of land, which has been granted to the opposite party no. 7 and that land is not in dispute between the parties any more, the Court does not find any occasion to interfere in the order impugned.
Accordingly, the application stands disposed off.
However, it shall be open to the parties to act in accordance with any compromise, which may have been arrived between the parties, in accordance with law, and if required before the appropriate forum.