JITENDER RANA Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) CRL. M. (A) 1605/2007 Allowed, subject to all just exceptions.

(2.) CRL. M.C. 465/2007 This is a petition under section 482 Cr. P.C. for quashing of FIR No. 244/99 under sections 419,420,120B IPC, P.S. Narela, Delhi. Both the offences are compoundable and the parties have entered into a compromise. Petitioners have approached this Court for quashing of FIR.

(3.) Learned counsel for the petitioners state that though he intended to make an application before the Court of Metropolitan Magistrate for compounding of offences, however, the Court of Metropolitan Magistrate opined that since Section 120B of IPC was also foisted on accused and 120B of IPC was not mentioned in the list of compoundable offences, therefore, he may not be able to pass an order compounding offence. No order has been passed by the learned Metropolitan Magistrate rejecting the application for compounding of the offences. Section 120B of IPC is criminal conspiracy to commit an offence. Here in this case the allegations are of a criminal conspiracy to commit offence of cheating. When offence of cheating itself is compoundable, section 120B of IPC read with Section 420 of IPC becomes compoundable and the Court of Metropolitan Magistrate has power to allow the application for compounding of the offence of Sections 419, 420 read with section 120B of IPC. In all such cases where substantive offence itself is compoundable, Section 120B read with it or section 34 of IPC read with it, shall be compoundable.