IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30108 of 2007 1. Md.Mumtaz @ Mumtaz Ahmad. 2. Riyaz Ahmad. 3. Irshad Ahmad @ Irshad @ Kallu. 4. Ishtayaq Ahmad. 5. Zeenat, Wife of Md. Mumtaz. All resident of Mohalla Tilak Maidan Road, Police Station Muzaffarpur Town, District Muzaffarpur. --------- (Accused)----- Petitioners Versus 1. State of Bihar. 2. Md.Lal, S/o Akhtar Hussain, R/o Mohi Sadpura, Khajepura, P.S. Kaji Mohammadpur, Distt. Muzaffarpur. -------- Opposite Parties ----------- 4 16.2.2010 Heard learned counsel for the petitioners and counsel for the opposite party no.2. Counsel for the petitioners at the out set would submit that during pendency of this application, there has been settlement outside the court and in that view of the matter, continuation of criminal prosecution would be an abuse of the process of the court. In the opinion of this Court, as the compromise in question has to be only effected in accordance with law and that too before the trial court, this Court would give liberty to the petitioners to take this plea and satisfy the court below that such compromise has been entered between the parties. If the court below finds such compromise to be in 2 accordance with law and on volition of the parties, it would proceed to drop the criminal proceeding. With the aforementioned observations and liberty, this application is disposed of. Rsh (Mihir Kumar Jha, J.)