IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.32435 OF 2007 1. BANWARILAL RAJGARHIYA 2. SMT USHA DEVI 3. SMT MANJU DEVI 4. PAWAN KUMAR RAJGARHIYA VERSUS 1. STATE OF BIHAR & 2. SHYAM KISHORE AGRAWAL WITH CR.MISC. NO.44470 OF 2007 (PARTIES ARE SAME AS ABOVE) --------- 6 29.10.2009. Heard learned counsel for the parties. In Cr Misc. No. 32435/07 petitioners have prayed for quashing order dated 15.12.2006, passed by the Addl sessions judge- V, Patna in Cr Revision No. 226 of 2006, whereby he rejected the application preferred against order taking cognizance dated 28.12.2005, passed by the Sub Divisional Judicial Magistrate, Patna in Complaint case no. 31103/05. Learned counsel for the petitioners submits that compromise has been arrived at between the parties and they do not want to pursue the case. He further submits that he has paid the admitted dues to opposite party number 2. Learned counsel appearing for opposite party no.2 has filed counter affidavit accepting the contention of the petitioner. He too submits that compromise has been arrived at between the parties and he does not want to pursue the case against the petitioner. In view of the aforesaid submissions, the Criminal prosecution arising out of Complaint case no. 3110 C of 2005 pending - 2 - in the court of Sub Divisional Judicial Magistrate, , Patna is hereby quashed. As the prosecution arising out of aforesaid Complaint case has itself been quashed, Cr. Misc.No. 44470 of 2007 filed against rejection of order under section 205 Cr.P.C. becomes infructuous. As such, the same is dismissed as infructuous. Shashi. (Samarendra Pratap Singh,J).