IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7858 of 2008 DHANRAJ CHOUDHARY Versus THE STATE OF BIHAR & ANR ----------- 3 19..5.2010 Heard counsel for the petitioner and the State. The petitioner seeks quashing of the order dated 10.9.2007 passed by the learned Chief Judicial Magistrate, East Champaran, Motihari in Turkaulia P.S.Case No.11 of 2007 whereby he has taken cognizance against the petitioner under sections 341, 323, 324, 307, 504/34 of the Penal Code. The petitioner happens to be the father-in-law of the informant Saheb Choudhary. It is alleged by the informant that he gave a sum of Rs.40,000/- to his father-in-law Dhanraj Choudhary for construction of the house who avoided repayment of the same. It is further alleged that when he made a demand of the said amount, he was assaulted by the petitioner and others by leg and lathi. It is alleged that he was assaulted by the petitioner with knife as a result of which he sustained a cut injury on his head and co-accused Jaishankar Choudhary took Rs.1500/- from his pocket. Learned counsel for the petitioner submits that some talk of compromise is going on in between the parties and as per his instruction, a compromise petition has already been filed. Counsel for Opposite party no.2 does not controvert the submission of the petitioner. He submits that he is not aware 2 KHAN whether any order has been passed on such compromise. Having considered the facts and circumstances of the case and on going through the materials on record, this court directs that if the compromise petition has been filed praying for compounding of the offences, the same be considered by the learned Magistrate so far as it relates to offences which could be compounded. Thereafter the learned court below would dispose of the case within a period of six months from the date of receipt/production of a copy of this order so far as non- compoundable sections are concerned; also taking into consideration that compromise has been entered in between the parties. With the aforesaid observations and directions, this application stands disposed of. (S.P.Singh,J)