KARPOORI THAKUR Vs. BAIKUNTH NATH DEY

JUDGEMENT

(1.) Special leave granted. Arguments heard.

(2.) In the facts and circumstances of the case, we have considerable doubt whether the High court could have under S. 482 of the Code of Criminal Procedure, 1973 adverted to paragraph 63 of the Case Diary or relied upon the letter addressed by the parties to the Officer Incharge, ramgarh Police Station dated 13/01/1985, and quashed the prosecution against respondent 1 Baikunth Nath Dey on the ground that the parties had settled their disputes. It failed to appreciate that the alleged offences punishable under S. 467, 468 and 471 of the indian Penal Code, 1860 were not compoundable even with the permission of the court, under S. 320 of the Code of Criminal Procedure. That apart, the subsequent letter addressed by the appellant Karpoori thakur to the Officer Incharge, Police Station Ramgarh dated 25/07/1985 shows that respondent 1 did not deposit the money in accordance with the settlement. It is unfortunate that the High court should have passed an order in a perfunctory manner.

(3.) Even so, we do not think that it would serve any useful purpose to direct the prosecution to continue. Nor would such a prosecution be in the public interest. The dispute relates to the withdrawal of Rs. 39,800. 00 by respondent I through cheque No. 017818 from the account which stood with the central Bank of India, Hazari Bagh in the name of Shri Karpoori Thakur for Chowdhari Charan Singh Fund (Lok Dal) '. The amount had been entrusted by the late Chowdhari Charan Singh the national President of the Lok Dal to the appellant for party work.