IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3251 of 2008 1. RAJESHWAR KUMAR, son of Raj Nandan Prasad, resident of village, Sakrorah, Police Station Nagarnausa, District- Nalanda at present residing at Mohalla Transport Nagar, (Maurya Bihar), P.S. Agam Kuan, District Patna. 2. Kumar @ Nagendra Kumar son of Dr. Kameshwar Prasad resident of vill- Pabhera, P. S. Dhanarau, District Patna. … Petitioners Versus 1. STATE OF BIHAR 2. Rajesh Kumar son of Ram Lakhan Pd., r/o of Moh- Bhooth Nath Road, P. S. Agam Kuan, District Patna. .. Opp. Parties. ----------- 5. 29.07.2009. Heard counsel for the petitioners and counsel for the State. Despite service of notice on the complainant/opposite party no. 2 no one has appeared. The prayer of the petitioners in this application is to modify/review the order of this Court dated 26.9.2007 in Cr. Misc No. 1459 of 2007 on the ground that there has been some typographical error in recording offences for which cognizance was taken under the impugned order. Counsel for the petitioners submit that one of the offence under Section 384 IPC is not compoundable in terms of Section 320 of the Cr.P.C. and as such necessary orders may be passed modifying 2 the aforementioned order dated 26.9.2007. It was basically for the very reason that this Court had issued notice on opposite party no. 2 but as noted above despite service of notice on him, he has not chosen to appear and as such this Court has to now pass order in his absence. This Court in fact, would find that from the facts as alleged by opposite party no. 2 there would be little scope for opposite party no. 2 to make out a case under Section 384 of the Indian Penal Code inasmuch as the ingredients of offence of extortion are wholly absent. Once this Court would find that offence of extortion is not made out, rest of the offence under Sections 341, 506 and 34 of the Indian Penal Code being compoundable. Infact an application for compounding of such offence has been already filed by opposite party no. 2 and thus considering the entire facts and circumstances of Sultanganj (Agam Kuan ) P. S. Case No. 315 of 2003, this Court would accordingly hold that compounding of 3 the application filed by the parties before the court below is fit to be allowed. That being so, this Court would direct the court below to pass a final order on the said compounding application after hearing the opposite party no. 2 if he appears in the court below within a period of one month from the date of receipt/ production of a copy of this order. If the opposite party no. 2 does not appear even in the court below within the aforementioned period of one month, court below will consider the matters on record and pass necessary order on the pending compounding application. With the aforesaid modification in the order dated 26.9.2007, this application is allowed. kanchan (Mihir Kumar Jha, J.)