FLENSON REGO Vs. STATE OF GOA

JUDGEMENT

(1.) Rule, made returnable forthwith. Shri M. Amonkar, learned Addl. Public Prosecutor waives service on behalf of respondent no.1. Second respondent is present in person. the second respondent has filed an affidavit, which is taken on record and marked "X" for identification.

(2.) By this petition, the petitioners are seeking quashing of the Criminal Case No.237/2013/B on the file of the learned JMFC, Panaji.

(3.) On the basis of a complaint lodged by the second respondent Santosh Salkar, who is a driver working with the Kadamba Transport Corporation, an offence punishable under Sections 504, 353, 427 read with Section 34 of IPC was registered against the petitioners. On investigation, the petitioners are put on trial for the offences punishable under Section 353 and 427 of IPC in the aforesaid case. It appears that subsequent to the filing of the chargesheet, the complainant has settled the dispute with the petitioners and hence, an application came to be filed before learned Magistrate on 24.7.2015 for permission to compound the offences. The learned Magistrate by an order dated 24.7.2015, permitted compounding of offence under Section 427 read with Section 34 of IPC for which the petitioners have already been acquitted. However, learned Magistrate could not permit compounding of the offence under Section 353 of IPC, as the same is non-compoundable. Hence this petition.