IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32858 of 2009 BADRI NARAIN MALLICK, SON OF LATE THAKUR MALLICK, RESIDENT OF VILLAGE MURTAZAPUR, P.S. BAHERA, DISTRICT DARBHANGA. ----- PETITIONER Versus 1. THE STATE OF BIHAR 2. THE MANAGING DIRECTOR, BIHAR STATE FOOD AND CIVIL SUPPLIES CORPORATION LIMITED, SONE BHAWAN, BIRCHAND PATEL PATH, PATNA- 800 001. ----- OPPOSITE PARTIES For the Petitioner :- Mr. Binay Kumar, Advocate For the Respodent Corporation :- Mr. R. S. Pradhan, Sr. Advocate Mr. A. N. Rai, Advocate ----------- 3 19.11.2009 Heard the parties. The petitioner has challenged the order dated 6.8.2009, passed by the Judicial Magistrate, 1st Class, Birpur at Supaul in Nirmali P.S. Case No. 006/87 rejecting that the case under Section 321 to record a compromise with the opposite party i.e. the Bihar State Food & Civil Supplies Corporation Ltd., having its office at Sone Bhawan, Birchand Patel Path, Patna. Cognizance was taken against the petitioner in a case under Sections 409 and 420 of the Indian Penal Code. The allegation is that the petitioner had defalcated Rs. 74,530.37/-. Subsequently the petitioner deposited the defalcated amount as well as 6% interest on the defalcated amount. The Bihar State Food & Civil Supplies Corporation Ltd. issued an opinion from their Legal Department and the Chief Legal Officer of the Corporation aforesaid vide annexure-5 advised the District Manager to ask the petitioner to deposit 6% interest on the principal amount and thereafter the District Manager, Bihar State Food & Civil Supplies Corporation Ltd. may compromise the criminal 2 case. Accordingly the petitioner deposited the 6% interest on the principal amount. The District Manager thereafter addressed a letter to the Public Prosecutor to withdraw the case as the petitioner had now completed all formalities and had deposited the entire amount. Thereafter the petitioner filed an application before the Judicial Magistrate, Birpur to allow the compromise application. The Judicial Magistrate, Birpur took an adverse view in view of the fact that the petitioner had not appeared in Court during the proceedings. As per Section 320 of the Code of Criminal Procedure, Section 409 is a compoundable offence by the owner of the property in respect of which breach of trust has been committed. Similarly Section 420 would be also a compoundable offence. Mr. Ram Shankar Pradhan, Senior Counsel appearing on behalf of the Bihar State Food & Civil Supplies Corporation Ltd. has taken instruction in this matter and he has been duly instructed by the District Manager, Saharsa in this matter. Mr. Pradhan submits that the District Manager, Saharsa has no objection to the compromise petition. Considering all aspects of the matter, the order dated 6.8.2009 is quashed in Nirmali P.S. Case No. 006/87 and as a consequences of which the entire proceedings in this case shall stand quashed. This application is thus allowed. Sanjay (Sheema Ali Khan, J.)