PANKAJ ALIAS NATTI Vs. STATE OF M.P.

JUDGEMENT

(1.) THE petitioner has filed this petition under section 482, CrPC, to challenge the order dated 4.4.2012, whereby the Court below has partly allowed his application under section 320 CrPC. The parties entered into a "Rajinama" The offences are under sections 323, 393 IPC read with section 13 of Madhya Pradesh Dakaiti Aur Vyapaharan Prabhavit Kshetra Adhiniyam, 1981 (for short, the "MPDVPK Adhiniyam"). The Court below opined that offence under section 323 IPC is compoundable under section 320(1) CrPC but section 393 IPC is not compoundable, more so, when it is read with section 13 of MPDVPK Adhiniyam.

(2.) CRITICIZING this order, Shri Ankit Saxena State of M.P. and another relied on the judgment of Supreme Court in the case of Gian Singh v. State of Punjab and another [(2012)10 SCC 303],

(3.) PRAYER is opposed by the other side.