Judgment

K.G. Balakrishnan, J.—The appellant herein challenges the order passed by the learned Single Judge of the High Court of Madhya Pradesh whereby he allowed the withdrawal of a case pending against the first respondent herein before the Judicial First Class Magistrate, Katni, Madhya Pradesh. The appellant herein is the de facto complainant in the police-charged case. The appellant’s case is that he purchased an extent of 1.30 acres of land in 1987 in the name of his mother, Lacchu Nal. The first respondent and one Dinesh Chaudhary had settled rights over this property and they, according to the appellant, manipulated certain village records. Appellant’s father filed a civil suit through the appellant, who was a power of attorney holder. An order of injunction was passed in favour of the plaintiff in the suit and the same was confirmed by the Additional District Judge. The appellant further contended that the first respondent and Dinesh Chaudhary along with 20-25 persons came to the suit property and removed a shed constructed there and caused damage to the boundary wall. It was also alleged that in ­December 1992, the first res­pondent and his friend Dinesh Chaudhary assaulted