IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.21999 of 2009 Shri Damodar Prasad son of Late Bishun Ram, Resident of 304, Ganga Complex, Kankarbagh, Main Road, P.S.-Kankarbagh, District & Town-Patna- 800020 …Petitioner Versus 1. The State Of Bihar, 2. Pramod Kumar S/o late Ganga Charan Prasad, Near Ganesh Nursing Home, Kadam Kuan, P.S.-Kadam Kuan, District- Patna & 3. Subodh Kumar S/o late Ganga Charan Prasad, Flat No.F-213, Pushp Bihar, Exhibition Road, P.S.-Gandhi Maidan, District- Patna …Opposite Parties ----------- 4/ 01.07.2011 Heard the parties. The petitioner seeks quashing of the entire proceeding including the order dated 07.01.2009 passed in Pirbahore P.S. Case No.135 of 2008 (G.R.No.3138 of 2008) by which cognizance has been taken by the court below under sections 341, 323, 379, 504/34 Indian Penal Code. The case of one Pramod Kumar is that he had gone to M/s Shri Jawala Jee Agency, Mahima Palace, to take his income tax file which the firm was not returning and in course of it the informant had been asked to come again and again, but finally he went on 18.06.2008 at 10.00 PM. The present petitioner, who happens to be his uncle, and the informant’s brother Subodh Kumar variously assaulted him and also took away his pant in which there was sixty thousand rupees. After the commotion that ensued, the parties were taken to the police station when the present First Information Report was instituted. About the same occurrence, opposite party no.3-Subodh Kumar instituted a case giving a slightly different version of the occurrence. Later on, the matter was 2 compromised between the parties since they were all close relatives and a joint compromise petition was filed before the Chief Judicial Magistrate, Patna, to end the prosecution. It has been submitted that the informant Pramod Kumar is now dead, but he had filed compromise petition before his death and, therefore, in the fitness of things both the cases should be quashed. Considering the submission advanced on behalf on behalf of the petitioner and the opposite party no.3, this application is allowed and the entire proceeding including the order dated 07.01.2009 passed in Pirbahore P.S. Case No.135 of 2008 (G.R.No.3138 of 2008) pending before the Judicial Magistrate, 1st class, Patna, as well as entire proceeding in Pirbahore P.S. Case No.134 of 2008 pending before Sri Ashutosh Khaitan, Judicial Magistrate, 1st class, Patna, is hereby quashed. The application stands allowed. JA/- (Anjana Prakash,J.)