IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31050 of 2008 1. L. Radhakrishnan, son of L.R. Lakshman Pillai, resident of G.M. Bhosle Road, Worli, PS Mumbai, Maharastra. 2. M.A. Siddique, son of Late N.A. Siddique, resident of Shahganj, PS Sultanganj, Patna. 3. M/s. Wyeth Limited, Patna Cold Storage Building, Shahganj, PS Sultanganj, Dist. Patna – petitioners. Vs. 1. The State of Bihar, 2. Bhola Nath Dubey, son of Late Shiv Shankar Dubey, Proprietor of M/s. Sunrise Transport Corporation, Janak Kishore Road, PS Kadam Kuan, Patna – Opp. parties. 2 10.11.2009 Heard learned counsel for the parties. Petitioner no.1 is the Associate Director (Distribution of M/s. Wyeth Limited, a Multi National Company whereas petitioner no.2 is the Regional Distribution Manager of the company for eastern India and looks after the affairs of Bihar, Jharkhand, Orissa, Chattisgarh, West Bengal, Assam and North Eastern States. Petitioner no. 3 is the company. A complaint under sections 406 and 420 of the Penal Code was instituted against the petitioners and one S. Jhunjhunwala. S. Jhunjhunwala is ex-emoloyee of the company and is no longer working with it. It is submitted that he has not appeared in the case as he is no longer involved with the work of the company and literally he ought not to have been made accused in this case. No liability has been fixed or alleged against S. Jhunjhunwala by the complainant. Opposite party no.2 who is complainant in this case has appeared through his counsel and a supplementary affidavit has been filed stating therein that the parties have compromised the matter and as per the compromise the petitioners have given a demand draft of 2 Rs. 31,448.70 to the opposite party no.2. On behalf of opposite party no. 2, it is stated that the matter now stands settled between the parties and as such the court may record the compromise and quash the order impugned. Sections 406 and 420 of the Penal Code are compoundable in view of section 320 of the Code of Criminal Procedure by the owner of the property with respect to which breach of trust has been committed. In this case complainant has no grievance left against the petitioner company and its employees and as such this court records the compromise and quashes the entire proceedings relating to Complaint case No. 2128©/2007 pending in the court of the Judicial Magistrate, Ist Class, Patna. This application is, thus, disposed of in terms of the order aforesaid. haque (Sheema Ali Khan, J.)