IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17386 of 2011 SHUDHIR KUMAR @ SHUDHIR TIWARY, S/o – late Chaturbhuj Tiwary, resident of House No. 92, Patliputra Colony, P.S. – Patliputra, District – Patna. ------- Petitioner. Versus 1. The State of Bihar 2. Smt. Sunita wife of Mithu Chaudhan, resident of House No. 92, Patliputra Colony, P.S. – Patliputra, District – Patna. ------- Opposite Parties. ***** For the petitioner : Mr. Sunil Kumar Tiwary, Adv. For the State : Mr. Damodar Pd. Tiwary, APP. ****** 02. 20.05.2011 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. This is an application under section 482 of the Code of Criminal Procedure seeking quashing of order dated 07.02.2011 passed by Smt. Gaytri Kmari, Judicial Magistrate, 1st Class, Patna in Patliputra P.S. Case No. 85/2005 dated 12.06.2005, issuing processes against the petitioner under section 82 and 83 of the Code of Criminal Procedure including the entire prosecution. The certified copy of entire order sheet of the court below has been filed which indicates that at no point of time any service report was received. However, taking into consideration the delay caused, the court below passed the impugned order. It is also pointed out that the disputes between the parties was of civil nature and one suit of partition was also going on wherein compromise petition has been filed settling all the disputes. But, inadvertently, the petitioner 2 could not surrender before the court below and any application of compromise was filed or any prayer was made for disposal of the case. Considering the facts and circumstances of the case and in order to avoid further delay in this six years old case, let the petitioner be given an opportunity to appear before the court below within a month from the date of communication of this order with a petition of compromise duly signed by the concerned persons and also taking into consideration the delay caused, the petitioner must produce receipt before the court below depositing a sum of Rs. 2,000/- before the High Court Legal Services Committee, Patna, and Rs. 2,000/- with District Legal Services Authority, Patna, on the event of doing so, appearance of the petitioner shall be treated as of first appearance. It is further made clear that no further indulgence may be paid to the petitioner in the event of his failure to comply the direction. In the meantime, no coercive steps shall be taken against the petitioner. With the above direction, this application stands disposed of. Rajeev/ ( Akhilesh Chandra, J.)