SUSHIL SAHA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard learned counsel, Mr. Arijit Bhowmik for the petitioners and learned Addl. P.P., Mr. R.C. Debnath for the State respondent. This is a petition under Section 482 of the Code of Criminal Procedure, 1973 praying for exercising inherent power of this Court to prevent abuse of process of Court and to secure the ends of justice, and consequently prayed for quashing the F.I.R. of Legunga PS Case No. 22 of 2012 under Sections 284 and 419 of the Indian Penal Code and all consequential proceedings pursuant to the registration of the said F.I.R. which has been subsequently registered as PRC No. 389 of 2012, pending in the Court of Judicial Magistrate, First Class(Court No. 7), Agartala.

(2.) It is submitted by learned counsel, Mr. Bhowmik for the petitioners that petitioner No. 2, Indrajit Debbarma (informant) lodged an F.I.R. with the O/C, Legunga PS alleging that petitioner No. 1 (accused) sold certain medicines to him and some other villagers, validity of which already expired, and thereby the people were cheated.

(3.) Learned Addl. P.P., Mr. R.C. Debnath with all his fairness has submitted that the offence under Section 284 of IPC is a minor offence but it is not compoundable as per Section 320 of Cr.P.C.