IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29137 of 2009 Vijay Prasad Kushwaha, son of Sri Lakhan Prasad Kushwaha, village Piparpati, PS Rajauli, district Nawada – petitioner. Vs. 1. The State of Bihar, 2. Mostt. Taro Devi, wife of Late Ram Swarup Pandit, village Piparpati, PS Rajauli, district Nawada – opp. parties. 4 10.3.2010 Heard learned counsel for the parties. This application has been filed for quashing the order, dated 7.6.2009 passed in S. T. No. 207/2007, arising out of Rajauli PS Case No. 154/2004, by F.T.C. II, Nawada by which the court has rejected the application of the petitioner to recall witnesses. The ground for recall of the witnesses is that the parties had entered into a compromise and had filed a compromise petition on 23.3.2007 in which they have stated that they are neighbours and this case has been filed because of village politics. Apparently the witnesses were examined before 23.3.2007 and as such this aspect of the matter could not be brought on record through the mouth of the witnesses. The case is now ready for argument. In the circumstances this court cannot allow the recall of the witnesses on the ground that the matter has been compromised. However, the trial court may consider this aspect if the defence supports the compromise petition during arguments. This application is disposed of with the aforesaid observations. haque (Sheema Ali Khan, J.)