JITENDRA KUMAR Vs. RAM SINGH

JUDGEMENT

(1.) THE applicant, by means of present Application under Section 482 Cr.P.C., seeks to quash the proceedings of Criminal Case No. 1778 of 2008 (new No. 666 of 2012), titled as Ram Singh v. Jitendra Kumar, pending in the court of Judicial Magistrate, Kashipur, District Udham Singh Nagar, for the offences punishable under Sections 420, 468 & 471 IPC. A criminal complaint case was filed by respondent against accused -applicant in the court of A.C.J.M., Kashipur. The statements of the complainant and his witnesses were recorded under Sections 200 & 202 Cr.P.C. The Magistrate, having found a prima facie case against the applicant -accused, summoned him to face the trial. Aggrieved against the same, present application under Section 482 Cr.P.C. was filed by the accused -applicant.

(2.) THE allegation against the applicant, in a nutshell, is that he prepared a forged document in the name of the complainant (respondent herein), which document was addressed to the Managing Director of the Siddhartha Paper Mills, Kashipur mentioning therein that nothing is due to him against the factory. In other words, the accused purported to show in the name of the complainant that nothing was outstanding against the factory in his favour. A compromise application was filed before the trial court mentioning therein that the parties have entered into compromise. The trial court did not accept the compromise on the ground that the offences complained of against the accused -applicant are non -compoundable offences, except the offence punishable under Section 420 IPC.

(3.) OFFENCE punishable under Section 420 I.P.C. is compoundable offence within the scheme of Section 320 Cr.P.C. (with the leave of the Court). The rest of the offences complained of against the applicant are non -compoundable offences within the scheme of Section 320 Cr.P.C. The question is - whether the complainant/victim should be permitted to compound such offences against the applicant or not?