ASHISH Vs. STATE OF M P AND ORS

JUDGEMENT

(1.) In this petition filed under section 482 Cr.P.C. invoking inherent power of this Court, application bearing I.A. No. 10154/2013 is moved for compounding the offence punishable U/s. 392 IPC r/w Section 11/13 Madhya Pradesh Dakaiti Aur Vyapharan Prabhavit Kshetra Adhiniyam, 1981 ("for brevity Act of 1981") which is non-compoundable offence as per Section 320 Cr.P.C. The application seeking compounding of non-compounding offence has been filed on the ground that rival parties do not wish to pursue the present piece of prosecution at this initial stage of trial where only charge- sheet has been filed U/s 299 Cr.P.C. in the absence of accused petitioner.

(2.) Learned counsel for the petitioner placed reliance on the decision of the co-ordinate Bench of this Court rendered on 17.11.2015 in shape of M. Cr. C. No. 3632/2014 in the case of Banti @ Punti Yadav @ Rajesh V. State of M.P. and further relies upon the decisions of the Apex Court in the cases of Shiji v Radhika, 2011 10 SCC 705, Nikhil Merchant v CBI, 2008 9 SCC 677 and the recent decisions of Apex Court in the case of Gian Singh v State of Punjab, 2012 10 SCC 303 and lastly on the case of Narinder Singh v state of Punjab, 2014 6 SCC 466.

(3.) Learned counsel for the petitioner submits that the factual background giving rise to this petition, is that petitioner who is one of the accused in Crime No. 31/2007 PS Gwalior, District Gwalior was an agent of the bank for recovering loan, which the complainant Ragvendra Sharma had allegedly borrowed from the bank for purchasing vehicle.