AMAR CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS miscellaneous petition is directed against the order dated February 4, 1991, passed by the Additional Chief Judicial Magistrate No. 3, Jodhpur, by which the learned Magistrate refused to grant permission to compromise the matter.

(2.) SMT. Durga Devi, on June 6, 1982, filed a complaint in the Court of the Judicial Magistrate No. 4, Jodhpur, against Amar Chand. It was alleged in the complaint that the accused alongwith his wife came to her house and asked her to give some ornaments as he alongwith his wife was going to Madras and his wife had no ornaments to wear and he, therefore, demanded the ornaments from the complainant. The accused was a partner in the business of the husband of the complainant and the complainant, on being assured that the ornaments will be returned back after their coming from Madras, the complainant gave her gold chain weighing 2 Tolas, ear-rings weighing 1/2 Tola and silver Paijebs weighing 8-Tolas to Amarchand, who gave the same to his wife. After their return from Madras, the accused did not return the ornaments back to the complainant. This complaint was sent by the learned Magistrate under Section 156 (3) Cr. P. C. to the Station House Officer, Police Station, Mahamandir, Jodhpur, who after necessary investigation, presented the Final Report in the matter, but the learned Magistrate, however, did not accept the Final Report and took cognizance against the accused for the offence under Section 406 I. P. C. Both the parties, after when the cognizance was taken, compromised the matter and filed the compromise before the learned Magistrate and requested the Court to record to compromise. But the learned Magistrate, by his order dated February 4, 1991, refused to record the compromise as according to the learned lower Court, the alleged offence is not compoundable in view of the provisions of Section 320 Cr. P. C. It is against this order that the present petition under Section 482 Cr. P. C. has been filed.