IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1329 of 2011 1. RAJENDRA SAH SON OF LATE HARIHAR SAH 2. RAM PRAGASH SAH @ RAM PRAKASH SAH SON OF LATE HARIHAR SAH 3. BINOD SAHU SON OF RAM PRAKASH SAHU 4. MANOJ SAHU SON OF RAM PRAKASH SAH, ALL RESIDENTS OF VILLAGE KOUNIA, POLICE STATION KUSHESHWAR ASTHAN, DISTRICT DARBHANGA …. PETITIONERS Versus 1. THE STATE OF BIHAR 2. DASAI @ DASHAI RAM SON OF LATE GHURAN RAM, RESIDENT OF VILLAGE KOUNIA, POLICE STATION KUSHESHWAR ASTHAN, DISTRICT DARBHANGA …. OPPOSITE PARTIES ----------- 2. 28.1.2011 The petitioners seek quashing of the order dated 29.11.2010 passed in T.R.No.4 of 2010, by which the Special Judge, Darbhanga has disallowed an application u/s.311 Cr.P.C. for recall of P.W.4. It has been submitted that initially the case was instituted u/ss.341, 324, 323, 504/34 I.P.C. and 3(I)(II) of the S.C & S.T. Act. Subsequently when the trial ensued, compromise was effected between the parties and, therefore, an application was filed before the court below for recall of P.W.4 in view of such compromise since all the sections were compoundable except 324 I.P.C, which was compoundable with the permission of the Court, but the same was disallowed by the impugned order. The learned Counsel for the opposite party no.2 has also appeared before this Court and submits that in the interest of justice when good feelings have been restored between the parties, the entire prosecution should 2 be quashed. In view of such, the application is allowed and the entire proceeding including the order dated 29.11.2010 passed in T.R.No.4 of 2010 by the Special Judge, Darbhanga is, hereby, quashed. Narendra/ ( Anjana Prakash, J.)