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Judgment
N.S. Dhanik, J
This Criminal Miscellaneous Application, under Section 482 CrPC, along with compounding application, is preferred to quash the summoning order dated 6.9.2018 as well as the entire proceedings of Criminal Case No. 485 of 2018, State v. Satyapal Singh & Others, under Sections 420, 467, 468, 471 and 506 IPC, pending in the Court of Judicial Magistrate, Jaspur, Udham Singh Nagar.
In the present case, the accused applicant, after the death of the complainant's husband, got issued the insurance policy in his name and unsuccessfully attempted to get the claim.
In the compounding application, duly supported by the affidavits of respective parties, it has been stated that parties have amicably settled their dispute and the complainant does not want to prosecute the accused. Accused and the complainant, duly identified by their respective Counsel, are present in person before this Court. They ratified the contents of the compounding application.
However, learned State Counsel vehemently opposed the compounding application and contended that offences under Sections 420, 467, 468, 471 and 506 IPC are non-compoundable and the complainant is not the victim in the present case. In fact, the accused attempted to cheat the insurance company and therefore the present compounding application is devoid of merit.
Learned Counsel for the accused applicant and complainant argued that the accused did not get any money from the insurance company and the insurance company has not filed any complaint. It is the present complainant who has filed the complaint and therefore they are entitled to enter into compromise. Reliance has been placed on the judgment rendered in Srinivasan Iyenger v. Bimla Devi Agarwal, 2019 (1) Crimes 108 (SC), where in a similar case of cheating the insurance company, the Hon'ble Apex Court, considering its earlier verdicts in Parbatbhai Aahir v. State of Gujarat, (2017) 9 SCC 641 and Gian Singh v. State of Punjab, (2012) 10 SCC 303, accepted the compromise arrived at between the parties and permitted compounding of offences.
Considering the facts and circumstances of the case and the legal proposition propounded by the Hon'ble Apex Court, compounding application is allowed. Compromise arrived at between the parties is accepted.
Consequently, the summoning order dated 6.9.2018 and the entire proceedings of Criminal Case No. 485 of 2018, State v. Satyapal Singh & Others, under Sections 420, 467, 468, 471 and 506 IPC, pending in the Court of Judicial Magistrate, Jaspur, Udham Singh Nagar are hereby quashed. Present criminal miscellaneous application stands disposed of.
Inform the Court concerned accordingly.