IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12341 of 2011 MD. AWANUL HAQUE, Son of Late Md. Hafijuddin, Resident of Village Daharpur, P.S. Gouradih, District Bhagalpur. ……….Petitioner Versus 1.THE STATE OF BIHAR 2.BIBI ARSHADI BEGAM, Wife of Naushad Ali, Resident of Village Daharpur, P.S. Gouradih, District Bhagalpur. ………..Opposite Parties For the Petitioner :- Mr. Dhananjay Kumar Pandey, Adv. For the State :- Mr. Atual Chandra, A.P.P. ----------- 02/- 13-04-2011 Heard learned counsel for the petitioner and State. This is an application under Section 482 of the Code of Criminal Procedure, seeking quashing of orders dated 09.09.2004 to 13.10.2004, 30.11.2004 to 27.03.2008 and 29.07.2008 passed by Shree V.K. Singh, Judicial Magistrate, 1st Class, Bhagalpur in Sabour (Lodipur) P.S. Case No. 154 of 1993, G.R. No. 1501 of 1993 issuing non-bailable warrant of arrest and process of attachment etc. against the petitioner. During course of arguments, it is pointed out that in this 18 years old case between the members of the family, petitioner and other accused persons appeared and a petition for compromise was also filed as early as in the 2003, but somehow or the other under the impression that by filing a petition for compromise in a compoundable case, the same must have been accepted and disposed of. The petitioner is a school teacher could not attend further proceedings of the court leading cancellation of bail and issuance of coercive steps against him as well as against other co-accused. 2 It is further pointed out that all the accused persons in this case except full brother of the petitioner, namely, Md. Sabanul are in attendance before the court below. The learned counsel further undertakes that the two absconding accused persons i.e. the petitioner and his aforementioned full brother shall not only surrender before the court below and attend the further proceedings till its end without causing any default and in order to compensate the delay caused in disposing of the case due to their abstention, they shall deposit a total sum of Rs. 1,500/- before the court below out of which Rs. 500/- shall be paid to the complainant within a fortnight from the date of communication of the order. Meanwhile no coercive steps shall be taken. Considering the facts and circumstances and the undertaking, there appear no requirement to issue notice to opposite party no. 2. But with the liberty to prove the undertakings true without any adjudication on merit, this application stands disposed of. It is further made clear that in case of non-compliance of the liberty aforementioned the law shall take its own course without any further leniency. Let a copy of this order be communicated to the court below through FAX at the cost of the petitioner. Praveen/- (Akhilesh Chandra, J.)