Dr. Hari Singh Gour vs Santosh Kumar

This application under Section 482 Cr.P.C. is filed

for quashment of FIR arising out of Crime No.257/2011 Police

Station Malharganj, Indore dated 09/06/2011 under Sections

406 and 420/34 IPC.

The genesis of dispute goes back to year 1985, when,

27 persons obtained membership of Maharana Pratap Nagar

Co-operative Ltd. Society, Indore and deposited Rs.5000/-

each for purchase of plots to be developed by the society. The

colony was named as Vindhyachal Nagar Indore. It was one of

the condition of the allotment that remaining part of purchase

money Rs.6000/- shall be paid in monthly installment of

Rs.200/- per month. As per the agreement, duty was caste on

the society to obtain necessary permissions and clearances

from various government departments. It was later on

discovered that the land which was to be allotted to the

aforesaid 27 members were part of green belt area of the town.

The society took necessary steps to get this area converted into

residential area. This permission was granted on 03.02.2000

and the land comprised in green belt area was converted into

residential area. No permission under Urban Ceiling Act was

required as the Act was already repealed. Therefore, it was said

that with such conversion from green belt area to residential

area, the society was in position to allot the plots to above 27

members. When the members insisted for allotment of the

plots, the society refused to allot plot, therefore, a dispute

arose and the 27 members filed dispute cases before the

Deputy Registrar Co-operative Society.

The allegations made in the FIR are mainly against

the President of the Society - Shantilal s/o Pannalal. The

present applicant was shown as one of his associate, who

helped the main accused Shantilal in commission of the crime.

The present application is filed on two grounds. Firstly, that at

the time, when the offence was allegedly committed by main

accused Shantilal and present applicant, the present applicant

was not an office bearer of the society. He became member of

the society only in the year 2000, while the offence was

allegedly committed between year 1985-1997. The second

ground is taken, as the complainant has entered into a

compromise with the society and the main accused. As the

charge-sheet has not been filed, the present applicant could

not file an application for disposal of the application on the

basis of compromise and therefore, this application is filed

seeking quashment of the offence.

Learned counsel appearing for the respondent/State

opposed the application on the ground that name of the

applicant specifically appears in the FIR. Only during trial his

role could be ascertained by Trial Court.

None appeared on behalf of respondent

No.2/complainant, though he was served with notice of this

application.

I have gone through all the papers submitted by the

applicant. It appears that so far charge-sheet has not been

filed. The offence under Section 420 and 406 IPC are

compoundable under Section 320 of Cr.P.C. However, as the

charge-sheet has not been filed, it is not possible for the

applicant to file an application before the Trial Court for his

acquittal on the basis of compromise. In this situation, using

extraordinary jurisdiction granted to this Court under Section

482 Cr.P.C. does not appear possible, as case of the present

applicant is entirely different from three other accused

persons, whose application was accepted by this Court in

M.Cr.C. Nos.10001/2013, 10002/2013 and 10003/2013 dated

11/02/2015.

The present applicant was stated to be an associate

of the main accused. The role he played in commission of the

alleged offence could be assessed only when charge-sheet is

filed. At present, charge-sheet has not been filed, and

therefore, nothing can be said about role played by the present

applicant. The offence, as stated above, is compoundable

offence. From the document produced by present applicant it

is apparent that the complainant has entered into an

compromise and all the disputes before the Joint Registrar,

Co-operative Societies have been disposed of on the basis of

such compromise, and in such peculiar circumstances, that

exist in this case, respondent No.1 is directed to complete the

investigation and file the charge-sheet before the concerning

Court within a period of three months from the date of this

order. When the charge-sheet is filed, the present applicant is

at liberty to file an application under Section 320 Cr.P.C. for

disposal of the case on the basis of compromise entered into by

the parties. In case, disposal of the case on the basis of

compromise fails due to any reason whatsoever, the applicant

is free to renew his prayer u/S 482 Cr.P.C., which shall be

disposed of on the basis of material available against the

applicant in the charge-sheet.

With observations and directions as above, the matter

stands disposed of.

Certified copy as per rules.