IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14382 of 2008 RAM LAKHAN LAL & ORS Versus STATE OF BIHAR & ANR With Cr.Misc. No.29976 of 2007 RAM KUMAR LAL & ORS. Versus STATE OF BIHAR & ANR ------- For the petitioners(in Cr.Misc.No.14382/08):Mr.Akhileshwar Pd.Singh, Advocate. For the opposite parties : Mr.Subhash Kishore Verma, Advocate. For the petitioners(in Cr.Misc.No.29976/07):Mr.Subhash Kishore Verma, Advocate. For the opposite parties : Mr.Akhileshwar Pd.Singh, Advocate. 3 5.1.2011 In Cr.Misc.No.14382/08 three petitioners have prayed for quashing the order dated 1.10.2005 passed by C.J.M., Bhojpur, Ara ,in Udwant Nagar P.S. Case No.5/05 by which cognizance has been taken under sections341,324,307 and 504/34 of the I.P.C. though the F.I.R. was registered under sections 341,323,324,504 and 379/34 of I.P.C. though the charge sheet was submitted also under section 307 of I.P.C. The other version of the case has been challenged by four petitioners in Cri.Misc. No.29976/07 whereby the quashing of order dated 7.6.2007 passed in S.Tr.No.43/07 2 arising out of Udwant Nagar P.S.Case No.03 of 2005 registered under section 341,323,324,325,307 and 504/34 of I.P.C. by which the learned Additional Sessions Judge,F.T.C.II, Bhojpur at Ara, rejected the petition of the petitioners under section 228 (i) (a) of Cr.P.C.filed for discharging accused under section 307 I.P.C. since no case under section 307 of I.P.C. was made out. It is submitted by the learned counsels for the parties that both sides are agnates and due to bona fide land dispute they fought as they had no intention to kill. The injuries reports of both sides have been brought on record by way of Annexures-3 to 7 which reflects that except one injury injuries to both sides are simple and most of the injuries are rather superficial and there is no allegation of repetition of blow. These factors reflect that both sides have no intention to commit offence under section 307 of the I.P.C. So far as the other alleged offences are concerned they all are compoundable. A petition has been filed with the signature of the informants of both the cases that due to intervention of common well-wishers good relationship has been restored between the parties hence either side does not want to pursue the matter any further. 3 In view of the fact that no case under section 307 of I.P.C. is made out in either of the cases and the rest of the alleged offences are compoundable and both sides have settled their disputes and a petition to that effect has been filed, hence, the entire prosecution of Udwant Nagar P.S. Case No.3 of 2005 (S.Tr.No.43/07) including order taking cognizance dated 15.4.05 and order dated 7.6.07 whereby discharge application has been rejected as well as the entire prosecution of Udwant Nagar P.S. Case No.5/05 including the order of cognizance dated 1.10.2005 are hereby quashed. Accordingly, both the applications are allowed. Anilkr.sinha (Dinesh Kumar Singh,J.)