Patna High Court - Orders
Vinod Kumar Mishra & Anr vs State Of Bihar & Anr on 21 July, 2008
IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.33365 of 2005
VINOD KUMAR MISHRA & ANR
Versus
STATE OF BIHAR & ANR
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8. 21.7.2008. Mr. Shakil Ahmad Khan appears and files vakalatnama on behalf of O.P. No.2, Dhanpati Das. Let the same be kept on record.
By filing a supplementary affidavit, whereby a copy of the compromise petition filed in the court below is sought to be brought to the notice of the Court, by the learned counsel for the petitioners.
It appears from perusal of the compromise petition that all the parties have signed /made thumb impressions in the compromise petition which are duly attested by their learned counsels.
The petitioners through this application have prayed for the quashing of order dated 6.4.2005 passed by the learned Judicial Magistrate, Banka, in Complaint Case No.1438 of 2004 whereby he has taken cognizance of offences under Sections 323, 406 and 504 I.P.C.
Section 320 Cr.P.C. provides for compounding of offences. Sub Section(1) of Section 320 Cr.P.C. provides for compounding of offences under Sections 323 and 504 I.P.C. at the instance of the person to whom hurt is caused or the person who has been insulted. Sub Section (2) of Section 320 Cr.P.C. provides for compounding of offences under Section 406 I.P.C. at the instance of the owner of the property in respect of which breach of trust has been committed.
Since the parties have amicably compounded their offences and the compromise petition is pending before he learned court below, -2- it is hereby directed that the learned Judicial Magistrate, Banka, will dispose of the compromise petition in view of the provisions of Section 320 Cr.P.C. and accept the compromise petition filed by the parties.
Let the Lower Court Records called for be sent down forthwith to the learned court below.
With the aforesaid observations, this application is disposed of.
(Abhijit Sinha,J) P.S.