IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29522 of 2009 MD.AYAJ SON OF LATE SHEIKH WADIR RESIDENT OF VILLAGE MASURIYA, P.S. MAHALGAON (JOKIHAT), DISTRICT- ARARIYA (BIHAR). ----------- PETITIONER Versus 1. STATE OF BIHAR 2. ABDUL KAYUM, S/O- LATE MUNSHI SADIQUE, RESIDENT OF VILLAGE MASURIYA, P.S.- MAHALGAON (JOKIHAT), DISTRICT- ARARIYA (BIHAR) ---------------- RESPONDENTS ----------- 2 07.03.2011 Heard learned counsels for the petitioner, opposite party and the State. The petitioner has challenged the quashing of entire proceeding of Sessions Trial No. 57 of 2001 arising out Jokihat (Mahalgaon) P.S. Case No. 41 of 1999. Initially, the case was registered under Sections 341, 323, 324, 307 and 379 of the Indian Penal Code. Subsequently, the cognizance was taken and the charges were directed to frame under Sections 307, 324 and 379 of the Indian Penal Code. There was case and counter case, both sides filed the compromise petition. Since, both sides are agnates, the counter case has been disposed off on the basis of compromise, but in the present case, no order could be passed. The other side had appeared and filed a petition to that effect that he does not want to pursue the case and as per the settlement made out side the court, he filed the petition long back to the effect that he is no longer interested in pursuing the case. Since 2001, the matter is pending but both sides had not appeared in the court below. A counter affidavit has been filed on behalf of the 2 opposite party no.2, he admits the fact that he does not want to pursue the case. Considering the aforesaid submissions in the interest of justice, let the entire proceeding of Sessions Trial No. 57 of 2001 arising out Jokihat (Mahalgaon) P.S. Case No. 41 of 1999 against the petitioner pending in the court of District and Sessions Judge, Araria be quashed. Accordingly, this application is allowed. Amrendra/ (Dinesh Kumar Singh, J.)