IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.760 of 2009 TRIVENI PRASAD SINHA & ORS Versus STATE OF BIHAR & ORS 2 30.6.2010 The petitioner seeks quashing the F.I.R. of Town P.S.Case No.13 of 2009 dated 13.1.2009 registered under sections 147, 148, 149, 307, 323, 379,504,391/34 of the Penal Code and sections 3(x)(i)(ii) of the SC/ST Act. In the instant case the petitioner nos.1 and 4 are practicing Advocates of Civil Court, Nawada whereas petitioner no.2 is the father of petitioner no.1. The petitioner no.3 is the wife of petitioner no.1 and petitioner no.5 is wife of late Rajendra Prasad, Advocate, Civil Court, Nawada. It appears that the complainant Pramod Kumar Chaudhary, respondent no.4 filed a complaint on 14.11.2007 being Complaint Case No.1096 of 2007 before the Chief Judicial Magistrate, Nawadah who by his order dated 14.11.2007 sent the aforesaid complaint to the police under section 156(3) Cr.P.C. to lodge F.I.R. and submit final report. Learned counsel for the petitioners submit that on the very day of institution of the complaint i.e. 14.11.2007 on account of intervention of their well wishers, the parties have arrived at compromise and a joint petition of compromise was filed on 15.11.2007 stating therein that the dispute between them has been resolved and they do not want to pursue the matter any longer and has prayed for recalling the earlier order by which the 2 complaint was sent to the police for investigation and institution of a regular case. The learned Magistrate by his order dated 15.11.2007 sent the compromise petition to the Officer-Incharge, Town Police Station, Nawadah. It appears that the police lost sight of the compromise petition filed by the complainant and instituted an F.I.R. being Town P.S. Case No.13 of 2009 on 13.2.2009 on the basis of complaint dated 14.11.2007 despite the fact that the dispute between the parties was resolved. Soon thereafter on 17.1.2009 the complainant again filed a joint compromise petition before the Chief Judicial Magistrate, Nawada stating therein that a compromise has already been arrived at between the parties and they have sorted out their differences. The complainant also met with the Superintendent of Police, Nawadah and apprises him of the compromise. The learned Chief Judicial Magistrate again sent the compromise petition to the Superintendent of Police, Nawadah. Thereafter, the S.D.P.O. after supervising the case has found the same to be a mistake of fact, as would be evident from supervision note contained in Annexure-A to the counter affidavit. The grievance of the petitioners is that no final report has been submitted by the police up till now though the supervision was made on 20.1.2009. Considering the facts and circumstances of the case, this court directs the respondent authorities to submit a final report within two months from the date of receipt/production of a copy of this order taking into consideration that the parties 3 KHAN have compromised the matter and do not want to pursue their case. With the aforesaid observations and directions, this writ petition stands disposed of. (S.P.Singh,J)