IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39004 of 2009 DILIP KUMAR SAH, SON OF LATE CHUNNILAL SAH, RESIDENT OF MOHALLA LANGRA BAGAN, QUARTER NO. 649, P.S. SAHAYAK, DISTRICT KATIHAR. ---- PETITIONER Versus 1. THE STATE OF BIHAR 2. RAJEEV KARN, SON OF SABHAPATI LAL KARN, RESIDENT OF VILLAGE TEJA TOLA, P.S. NAGER (SAHAYAK), DISTRICT KATIHAR. ---- OPPOSITE PARTIES ----------- 2 9.12.2009 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. Learned counsel for the petitioner submits that the allegation in the First Information Report is that the petitioner along with others is said to have tried to break open the house of the opposite party-informant. The motive for the occurrence in the First Information Report is that the petitioner had threatened the informant and asked him to compromise the criminal case pending between them. It is further submitted that the occurrence is absolutely fabricated one. The petitioner was not present and he was on duty in the Central Railway. It is further submitted that the genesis of the occurrence is completely false. There is no case pending between the parties. Learned counsel for the petitioner submits that the counsels for the parties and the advocate association intervened in this case and the petitioner is said to have deposited Rs. 2100/- as a goodwill in the advocate/bar association in lieu of the compromise. All the aforesaid submissions of the petitioner are good grounds and can be considered only in a full fledged trial. The counsel for the petitioner submits that in fact the parties had compromised the matter and it is further submitted that Section 448 2 and other Sections of the Indian Penal Code are compoundable. Considering this aspect, if the parties file an application for compounding the offence before start of evidence, the Court below should pass an appropriate order as per the law and not insist to hold full fledged trial if the compromise petition is pending. This application is disposed of with the aforesaid observations. Sanjay (Sheema Ali Khan, J.)