IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.51555 of 2007 1. SATYA NARAYAN SAO S/o Late Raghunandan Sao 2. Om Prakash, S/o Satya Narayan Sao 3. Raju Kumar, S/o Satya Narayan Sao 4. Anil Kumar, S/o Satya Narayan Sao 5. Krishna Kumar, S/o Satya Narayan Sao 6. Pappu Kumar, S/o Satya Narayan Sao 7. Dharmsheela Devi, W/o Late Nandu Prasad 8. Tara Dei, W/o Om Prakash 9. Dimple Devi, W/o Raju Kumar All residents of Naubatpur Bazar, P.S. Naubatpur, District Patna at present Machhuatoli, P.S. Kadamkuan, Town and District – Patna …. Petitioners Versus 1. STATE OF BIHAR 2. Prakash Gupta, S/o Ragho Lal Gupta, R/o Kala Manch, Bakerganj, P.S. Kadamkuan, Town and District – Patna. ….. Opp. Parties ----------- For the petitioner : Mr. Partha Sarthy, Advocate For the State : Mr. Jharkhandi Upadhaya, A.P.P. For O.P. No. 2 : None ------ 3 3.2.2009 Heard learned counsel for the petitioners who have been arrayed as accused in Complaint Case No. 77C of 2002 and being aggrieved by order dated 5.2.2002 passed therein by Sri Ajay Kumar Srivastava, Judicial Magistrate, 1st Class, Patna, they have prayed for quashing of the same. By the impugned order dated 5.2.2002 the learned Magistrate had been pleased to take cognizance of offence under sections 323, 379 and 506 I.P.C. It was submitted by the learned counsel for the petitioners with reference to annexure 3 appended with the application that the parties had eventually entered into a compromise and had filed a compromise petition in the court below. To verify the bona fide of the compromise notices were issued to the complainant impleaded herein as O.P .No. 2 and though - 2 - he has put in his appearance in this case, yet both he and his accredited counsel are conspicuous by their absence. They have not even cared to file a show cause or counter affidavit either to support or to oppose the submissions of the learned counsel for the petitioners. Offences under sections 323 and 506 are compoundable by the persons responsible and the offence under section 379 I.P.C. is compoundable with the permission of the Court. Since the opposite party, complainant, had not appeared it is hereby directed that the petitioners will move the compromise petition before the Court in seisin of the case and in such event the court, having due regard to the fact that the offences alleged are compoundable under the provisions of section 320 Cr.P.C., shall compound the offences and dispose of the compliant case in accordance with law. With the aforesaid observation this application is disposed of. Spd/- (Abhijit Sinha, J.)