IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4826 of 2004 1. Vahidul Haque @ Raju, son of Md. Jainul Haque 2. Md. Jainul @ Md. Jainul Haque, son of late Hassan Raja Both are resident of village-Chhota Telpa, P.O.-Chapra, P.S.-Chapra Town, District-Saran. ……Petitioners. Versus 1. The State Of Bihar 2. Amit Kumar Singh @ Rinku Singh, son of Shri Kameshwar Singh, resident of village-Bichala Telpa, Police Line, P.S.-Chapra Town, District-Saran. …….Opposite Parties. ----------- 09. 17.12.2009 Learned counsel submits that during pendency of this application, petitioner No. Md. Jainul @ Md. Jainul Haque had died as such the name of petitioner No. 2 is expunged. Petitioner has prayed for quashing the order date 12.09.2003 passed by the Chief Judicial Magistrate, Chapra, District Saran, in Complaint Case No. 2310 of 2002 by which he has been pleased to found a prima facie case under Sections 323 and 506 of the Indian Penal Code. Petitioner by the impugned order, however found that no case under Sections 420, 406, 467, 468, 471 is made out. Learned counsel submits that as no cognizance for major offences has been taken, as such the case under Sections 323, 506 becomes doubtful. Petitioner submits that offence under Sections 323, 506 of the Indian Penal Code is compoundable if it is not punishable for seven years. A compromise petition 2 has been filed in the learned Court below. In view of the aforesaid, I am not inclined to quash order taking cognizance but nonetheless as compromise petition has been filed between the parties, this Court directs that the learned Magistrate in seisin of the case at Chapra would dispose of the case in terms of the compromise petition filed by the parties after ascertaining the same within a period of two months from the date of the receipt of the same. With the aforesaid direction, the application stands disposed off. Shageer (S.P. Singh, J)