IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.384 OF 2010 1. DADAN YADAV, SON OF BIRENDRA YADAV 2. MUNNA YADAV, SON OF BIRENDRA YADAV 3. MADAN YADAV, SON OF BIRENDRA YADAV 4. BIRENDRA YADAV, SON OF SAMRESH YADAV ALL RESIDENT OF VILLAGE BALI TILA, POLICE STATION UDAWANT NAGAR, DISTRICT BHOJPUR ………………………………………………………………………PETITIONERS VERSUS THE STATE OF BIHAR ********* 2 04/05/2010 Heard Counsel for the petitioners and the A.P.P. appearing on behalf of the State. The petitioners have filed this application challenging the order dated 01.12.2009 passed in Sessions Trial No. 18 of 1998 by which the Additional Sessions Judge, Fast Track Court No. I, Ara has rejected the petition filed for recalling the witnesses Baban Prasad and Kanha Jee Gupta. It is contended on behalf of the petitioner that parties have compromised the matter and, therefore, the Court should consider recalling the witnesses in this case. The offences alleged are under Section 341, 323, 427, 380, 448 and 307 of the Indian Penal Code. Sections 341, 323, 427 and 448 of the Indian Penal Code are compoundable offences. The petitioners would have the liberty to raise this question and press the application if any, with respect to compromise as far as 2 the offences under Sections 341, 323, 427 and 448 of the Indian Penal Code are concerned. However, Sections 380 and 307 of the Indian Penal Code are non- compoundable. It would be open to the petitioners to show the Court that no offences under Sections 380 and 307 of the Indian Penal Code are made out during the trial. The parties may file an application for compounding the offences which come within the purview of Section 320 of the Code of Criminal Procedure. This application is disposed of with the aforesaid observations. Anand ( Sheema Ali Khan, J.)