IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38207 of 2009 Kanhaiya Kumar, son of Panda Prasad, village Dhamianaha, PS Sathi, Dist. West Champaran – petitioner. Vs. 1. The State of Bihar, 2. Nisha Devi alias Soni Devi, daughter of Sheshnath Prasad, Mohalla Kalibagh, PS Bettiah, District West Champaran – opposite parties. 2 16.11.2009 Heard the parties. This application has been filed against the order, dated 17.9.2009 passed by the Additional Sessions Judge-cum-Fast Track Court No. IV, Bettiah in S.T. No. 198/2008 by which the petition under section 311 of the Cr.P.C. to allow the petitioner to recall the witnesses and reexamine them and discharge the petitioner of the offences alleged to have been committed under section 498A of the Penal Code has been rejected. The grounds taken on behalf of the petitioner is that there has been compromise between the parties. This court asked opposite party no.2 to appear in person. Opposite party no.2 has appeared in person and she has stated before this court that she is living with her husband for the past four to five months and that she has no complaint against him. It would be a traversity if the court was to record a finding against the petitioner holding him guilty of offences under section 498A of the Penal Code when the parties are living together peacefully. It would in fact lead to a situation where opposite party no.2 would again be ousted out of the matrimonial house and be left high and dry by her husband. 2 Considering all aspects of the matter, this court orders that the court below should allow the application under section 311 of the Cr.P.C. and allow the petitioner to cross examine the witnesses, keeping in view that opposite party no.2 has now compromised the matter and is living peacefully with her husband. In fact opposite party no. 2 was one of the witness in the case and, therefore, the court whould also get an opportunity to record her statement and pass orders according to the statements that may be made by her before the trial court. Needless to say that if she states in her chief she is already living and wants to live with her husband, I see no reason that the court should proceed further in the matter. In the event she affirms the statement made in this court, the court below should record a finding that both the parties are living together willfully and dispose of the matter according to the compromise. This application is disposed of with the aforesaid observations. haque (Sheema Ali Khan, J.)