LAWS(CHH)-2019-9-151

VINOD KUMAR NAGESH Vs. STATE OF CHHATTISGARH

Decided On September 16, 2019
Vinod Kumar Nagesh Appellant
V/S
STATE OF CHHATTISGARH Respondents

JUDGEMENT

(1.) Petitioner has preferred this CRMP under Sec. 482 of the Code of Criminal Procedure (in brevity Cr.P.C.) for quashing the Criminal Case No. 167/2016 pending before the JMFC, Pali on the ground of compromise.

(2.) Petitioner and other co-accused were facing trial before the Court of JMFC, Pali. In that case complainants are respondents No. 2 Rajesh Kumar Panika, No. 3 Amar singh Paikra, No. 4 Kranti Kumar, No. 5 Uttam Das. Charges were framed against petitioner under Sec. 419, 420, 170 of the IPC. Petitioner was acquitted of the charge punishable under Sec. 419, IPC on the basis of compromise under sec. 320(8) of Cr.P.C. However, trial Court refused to give permission to compound the offence punishable under Sec. 420, IPC to petitioner and respondents No. 2 to 5. Now the petitioner is facing trial for the offences punishable under Sec. 170, 420 of IPC.

(3.) Sec. 170 of IPC is not compoundable under Sec. 320, Cr.P.C.