ISHWAR Vs. STATE OF CHHATTISGARH THR DISTRICT MAGISTRATE

JUDGEMENT

(1.) Heard.

(2.) The facts are on a complaint made by the respondents No. 2 and 3 namely Loknath Sahu and Suresh Sahu the offence under Section 420, 467, 468, 471 read with Section 34 of IPC was registered on 28.03.2018. Subsequently, after registeration of the crime bearing No. 89/2008 the charge-sheet was filed. During the pendency of the criminal case the complainant compounded the offence. The application was filed before the Court below. The same was partly allowed therefore, this instant petition.

(3.) Learned counsel for the petitioner submits that the very nature of the case was civil in nature and the background would be one Pushkar Raj Sahu and Ravikant Sahu have sold the property to one Suresh Jain by sale deed dated 16.01.2001 which was done through intervention of the Court. Subsequently, Suresh Jain has sold the property to the complainant Loknath Sahu and Suresh Sahu. Since the same dispute was inter-se between the parties, another civil suit was filed by Vishnu against the petitioners herein whereas the compromise decree was drawn and on the basis of the decree the land was mutated in the name of the petitioners who sold the property to others. It is contended that one civil suit was also filed by complainant Loknath Sahu and Suresh Sahu in respect of the property concerned wherein after mediation the compromise has been effected. According to the agreement which was entered into between the parties in pursuance thereto the complainant do not want to continue the prosecution as the civil suit has already been compromised.