IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16890 of 2008 1. Smt.Rekha Kumari , Wife of Late Vijay Prakash Srivastava 2. Uday Prakash Sinha, Son of Late Kedar Nath Lall Both residents of House No.149,Sri Krishna Nagar, P.S. Budha Colony, District-Patna ----------- Petitioners Versus 1. THE STATE OF BIHAR 2. Suresh Kumar Singh, Son of Sri Roop Bihari Singh, resident of House No.16, Sree Krishna Nagar, P.S. Budha Colony ,District-Patna --- Opp.Parties. ----------- 02 02-07-2010 Sri Amod Kumar, learned counsel files Vakalatnama on behalf of Opp.Party no.2. Let it be kept on record. Learned counsel for Opp.Party no.2 submits that during the pendency of this petition, a compromise in between the parties has already arrived. Two petitioners have prayed for quashing of the order dated 23.5.2007 passed by Sri Bharat Tiwari, Judicial Magistrate, 1st Class, Patna in Complaint Case No.2418(C) of 2006. By the said order, the learned Magistrate has taken cognizance of the offences under Sections 341,323,379,406,420,504/34 of the Indian Penal Code. Learned counsel for both the parties submit that during the pendency of the proceeding and after order of cognizance good sense prevailed between the parties and thereafter they entered into a compromise. Before the court below, a compromise petition was filed on 3.4.2008. It was submitted by the learned counsel for the parties that the court, where the case was pending, is vacant and due to that reason no 2 final order could be passed on the compromise petition. Keeping in view the fact that both the parties have already decided to end the disputes after entering into a compromise, there is no purpose to allow the proceeding before the court below to further proceed. The offences, under which cognizance order was passed, are compoundable as provided under Section 320 of the Code of Criminal Procedure. It is true that the offence under Section 406 is compoundable with permission of the court. In view of the facts and circumstances, particularly compromise entered in between the parties, with a view to end the proceeding, which is pending before the court below, for just decision in the matter, it is required to quash the order of cognizance and entire proceeding pending before the court below. Accordingly, the order dated 23.5.2007 passed by the learned Judicial Magistrate, 1st Class, Patna in Complaint Case No.2418(C) of 2006 and all subsequent proceedings are hereby quashed and the petition stands allowed. NKS/- ( Rakesh Kumar, J )