SANJAY CHAMARIA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) INVOKING inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, the petitioner has prayed for quashing the order of cognizance dated 22-12-2008 and the entire criminal proceeding following the interim order of cognizance for the offences under Sections 323, 379 and 420 of the Indian Penal Code.

(2.) THE case before the Court below was registered on the basis of the complaint filed by the opposite party No. 2. THE allegation in the complaint petition is that the complainant had financed his vehicle in the year 2005 from Magma Leasing Finance Limited. It is alleged that in spite of assurance given by the company that he would get free registration and insurance, but due to delay in payment of the loan amount by the financier, the complainant had to incur expenses from his own pocket for insuring his vehicle. THE further allegation is that in spite of his paying monthly installments to the financier towards repayment of the loan amount regularly, the accused persons had intercepted his vehicle on 18-3-2008 and had taken the vehicle to their premises and had also illegally removed the Stepni and jack from the vehicle, worth Rs. 15,000/-.

(3.) COUNSEL for the opposite party No. 2 affirms that though, the case was instituted on the basis of the complaint filed by the opposite party No. 2, but the complainant has now reconciled and an out of Court settlement has been arrived at between the complainant/opposite party No. 2 and the accused persons and the offences have been compounded by the complainant with the accused persons and therefore, the opposite party No. 2 is no more desirous to pursue his case to secure a conviction of the accused persons of the cases.