IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1174 of 2010 ----- 1. Subhash Singh son of Ganesh Singh, 2. Sujeet Kumar Sharma Sons of Ram Narayan Sharma, Both are residents of Village Chhoti Keshopur, Police Station Jamalpur, District-Munger. -- Petitioners. Versus 1. The State of Bihar 2. Sushila Devi, wife of Prithvichand Mandal, Resident of Village Chhoti Keshopur, Police Station Jamalpur, District-Munger. -- Opposite parties. ----- For the petitioners : Mr. Sheojee Mishra, Advocate. ---- 03. 27/01/2010 Invoking the inherent jurisdiction of this court under Section 482 of the Code of Criminal Procedure (for brevity, ‘the Code’), the petitioners have called in question the legal propriety of the order dated 22.02.2008 passed by the learned Additional District & Sessions Judge-cum- Fast Track Court-V, Munger in Sessions Case No.73 of 2001, whereby he has rejected the application under Section 311 of the Code on the ground that the said application was filed to recall certain witnesses on the ground that a compromise has been effected between the parties. In my considered opinion, the order passed by the learned trial court is invulnerable as the provision - 2 - contained in Section 311 of the Code does not envisage such a situation. Needless to emphasise, at any point of time if the compromise entered into between the parties is pressed into service, as a matter of fact, the court may consider it for the purpose of imposition of sentence. With the aforesaid observation, the criminal miscellaneous application stands dismissed. Sunil (Dipak Misra, CJ.)