C. S. S. KASHYAP Vs. R. SHASHIKUMAR

JUDGEMENT

(1.) A private complaint under Sec. 200 of Cr.PC was filed by the 1st respondent for the offences under Ss. 406 , 418 , 420 , 120B , 149 of IPC, alleging that, two complaints were filed by the 1st respondent against the members of the Society and in the proceedings, the petitioners conniving with each other entered into a compromise and filed a petition under Sec. 320(2) of Cr.PC for compounding of the offences by filing a false affidavit. The learned Magistrate on the basis of the false affidavits compounded the offences. The learned Magistrate referred the complaint to the police for investigation under Sec. 156(3) of Cr.PC. The registration of FIR is impugned in this petition.

(2.) The learned counsel appearing for the petitioners submits that, the offences against the petitioners are cognizable and the complaint filed without complying with Sec. 154(1) and (3) of Cr.PC is not maintainable as held by the Hon'ble Supreme Court in the case of Priyanka Srivastava Vs. State of Uttar Pradesh and Others reported in (2015) 6 SCC 287. He further submit that the compounding of offences against the member of the Society was set aside by the learned Sessions Judge in a criminal revision petition and as such, the registration of FIR is impermissible.

(3.) On the other hand, the learned counsel appearing for the respondent No.1 submits that, the petitioners - accused on the basis of false affidavits filed a petition under Sec. 320(2) of Cr.PC for compounding of the offences without the knowledge of the respondent No.1. Hence, the allegation made in the complaint disclose the commission of the aforesaid offences and as such, the registration of FIR does not warrant any interference.