IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40911 of 2008 Ashok Thakur, son of Late Ram Jee Thakur, resident of Ward No. 14, Panchamukhi Chowk, Madhepura, PS and District Madhepura, as a Sub Treasurer, Central Bank Employee Bachat and Sakh Swalambi Sahkari Samiti Limited, Supaul, at present an employee of Central Bank of India, Madhepura Branch – Petitioner. Vs. 1) The State of Bihar, 2) Shyam Sundar Prasad, son of Shri Brahmadeo Prasad, M/s. Shyam Jwellors, resident of Gandhi Path, Saharsa, PS and District Saharsa – O.. Parties. 4 12.7.2011 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. This application has been filed for quashing the entire proceeding of Saharsa PS Case No. 13/2007 registered for the offences under sections 406, 420, 120B and 504 of the Penal Code. Notices were issued to opposite party no.2 who has not appeared despite service of notice. After the filing of this case it appears that the petitioner had deposited the entire amount and receipt was also issued. It would appear from perusal of the record that it has specifically been mentioned at para 17 that an application for compounding the offences was filed in the court below under section 321 of the Cr.P.C. The nomenclature of the section has wrongly been mentioned. It ought to have been filed under sub section (2) of section 320 of the Cr.P.C. This court finds that once the grievance of the informant has been redressed and the informant has accepted the fact that he is not interested in pursing the matter, it would be 2 proper that such proceeding should be quashed and the case should not be permitted to continue. This court, therefore, directs that the petitioner would have the liberty to file a case before the court concerned enclosing the order dated 23.10.2008 passed in Cr. Misc. No. 26133/2007. The court will consider the petition filed for compounding the offences, allow it and pass appropriate orders as per the order of this court in the case referred to above. This application is disposed of with the aforesaid direction to the court concerned in connection with Saharsa PS Case No. 13/2007. haque ( Sheema Ali Khan, J.)