IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34970 of 2007 MUSTAK HUSSAIN, SON OF GAYASUDDIN BISWAS, MANAGING DIRECTOR, PATAKA INDUSTRIES PRIVATE LIMITED, 97, PARK STREET, KOLKATA-700016………………………………PETITIONER. Versus 1. THE STATE OF BIHAR. 2. SANTOSH KUMAR, SON OF LALLAN PRASAD SINHA, RESIDENT OF GANDHI ASHRAM, POLICE STATION HAJIPUR NAGAR, DISTRICT-VAISHALI. …………………………………………………….OPPOSITE PARTIES. ----------- For the Petitioners : M/s. Arbind Kumar Singh, Rabindra Kumar Tiwary and Raghwanand, Advocates. For the State : Dr. Mayanand Jha, A.P.P. ------------ 3. 20.11.2008. Heard the learned counsel for the petitioner as also the learned A.P.P. for the State. Although O.P. No.2, the complainant, was duly served with notice, he has chosen not to appear in Court to contest this application. Referring to Annexure-3 of the application, the learned counsel for the petitioner sought to submit that the parties have already amicably settled their disputes and differences and have filed a compromise petition in the court below. Since the parties have already settled their disputes and differences and some of the sections whereunder cognizance has been taken are compoundable and the others are not and since no gainful purpose would be served by keeping the application pending or continuance of the proceeding, it would only be appropriate for the parties to move the court below and in that event the court below will - 2 - record the compromise and pass orders in accordance with law. In the event, the complainant does not himself appear in the court below, the court below will act on the basis of the compromise petition filed and dispose of the matter. With the aforesaid observations, this application is disposed of. P.S. (Abhijit Sinha,J)