DALVEER Vs. STATE OF M.P.

JUDGEMENT

(1.) THE instant petition has been filed by the petitioners under Section 482 of Cr.P.C. for quashing the order dated 09 -08 -2012 passed by learned trial Court whereby the application filed under Section 320 of Cr.P.C. by the both the parties has been dismissed and further prayer has been made in this petition to permit the parties to compound the offence. Learned counsel for the petitioners submitted that initially complainant/respondent No. 2 has lodged an FIR at Police Station Gole Ka Mandir, Gwalior against the petitioners on a dispute of encashing the demand draft which belongs to respondent No. 2, however after sometime good sense prevailed between the parties and they have entered into a compromise. He further submits that wrongly the name of complainant has been mentioned as Sishupal Singh Yadav while the correct name of complainant is Sishupal Singh.

(2.) THE application under Section 320 of Cr.P.C. has been filed by both the parties before learned trial Court and the prayer has been made to compound the matter but since the offences in which the compromise has been sought are not compoundable, therefore, learned trial Court has rejected the application of both the parties. By invoking the inherent jurisdiction of this Court both the parties have appeared and intended to compound the matter.

(3.) IN the light of above observations and for the foregoing reasons, I allow the petition and quash the S.T. No. 99/2012 pending before learned Tenth Additional Sessions Judge, Gwalior for the offence punishable under Sections 420, 467 and 471 of IPC. In the result, the proceedings of aforesaid session trial are quashed and petitioners are discharged from the offence under Sections 420, 467 and 471 of IPC. A copy of this order be sent to the trial court concerned for information and compliance.