IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39965 of 2009 1. BISESHWAR SAHNI SON OF LATE TUNI SAHNI 2. BINOD SAHNI SON OF BISESHWAR SAHNI 3. RAM KARAN SAHNI SON OF RIT LAL SAHNI 4. MADAN SAHNI SON OF BHUNESHWAR SAHNI 5. OM PRAKASH SAHNI SON OF RAM CHANDRA SAHNI ALL ARE RESIDENT OF VILLAGE-Roshanpur, P.S. Ahiyapur, District-Muzaffarpur .. Petitioners Versus 1. THE STATE OF BIHAR 2. Ram Sagar Sahni, son of late Lakhan Sahni, resident of village-Roshanpur chamki, P.S. Ahiyapur, District Muzaffarpur. Opp. Parties ----------- For the petitioners :- Ms. Bela Singh, Advocate For the State:- Mr. C. Jawahar, Addl. P.P. …………… 3 27.09.2010 Heard learned counsel for the petitioners and the State. The petitioners have sought for quashing of the order dated 18.08.2008, passed by the Judicial Magistrate, 1st Class, Muzaffarpur in Tr. No. 2035 of 2009, arising out of Ahiyapur P.S. Case no. 443 of 2005(G.R. No. 3721 of 2005), by which he has taken cognizance under Sections 341, 323, 324, 307, 379 and 504/34 of the Indian Penal Code and ¾ of the Explosive Substances Act. The prosecution case is that the accused persons tried to intimidate the informant and also by throwing a bomb, on account of which some injuries were sustained by the informant. After investigation chargesheet was submitted under various sections of the Penal Code but not under Sections ¾ of the Explosive Substances Act. However, differing with the final report the Magistrate took cognizance under the Explosive Substances Act and other sections of non compoundable nature as well. It has been submitted that now the matter has been compromised between the parties, and therefore, the entire exercise of trial will be in futility. For this reason, this Court had issued notices to opposite party no. 2 by an order dated 01.02.2010, but despite service of notice the opposite party no.2 has not appeared. Under the circumstances the Court has no option but to accept the compromise petition, which has been filed on behalf of the parties. In the interest of justice, order dated 18.08.2008, passed by the Judicial Magistrate, 1st Class, Muzaffarpur in Tr. No. 2035 of 2009, arising out of Ahiyapur P.S. Case no. 443 of 2005, is hereby quashed. Application stands allowed. Ashwini (Anjana Prakash, J.)