CourtKutchehry.com
High CourtsSingle Bench(2020) 08 MP CK 0260

Neeru Jat @ Neerendra And Others vs State Of M.P. And Another

Madhya Pradesh High Court · Decided on 6 August 2020

HON’BLE JUDGES
G. S. Ahluwalia, J
RESULT
Dismissed
CASE NUMBER
Miscellaneous Criminal Case No. 5219 Of 2020

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

8 paragraphs · 338 words

This application under Section 482 of Cr.P.C. has been filed for quashing the FIR in Crime No. 193/2016 registered at Police Station Billowa District Gwalior for offence under Section 420 of IPC.

It is submitted by the counsel for the applicants that the FIR under Section 420 of IPC was registered on the allegation that on the pretext that the amount so brought by the complainant would be doubled and therefore, an amount of Rs.6,50,000/- was taken from the complainant and thereby he was cheated. It is submitted that the offence under Section 420 of IPC is a compoundable offence and the matter has been settled between the applicants and the complainant and, therefore, the FIR may be quashed.

Heard the learned counsel for the applicants.

During the course of the arguments, it was fairly conceded by the counsel for the applicants that the application under Section 320 of Cr.P.C. is maintainable for compounding the offence.

In the light of the judgments passed by the Supreme Court in the cases of Gian Singh Vs. State of Punjab reported in (2012) 10 SCC 303 and Narinder Singh and ors. Vs. State of Punjab & anr.reported in (2014) 6 SCC 466, it is clear that the power under Section 482 of Cr.P.C. can be exercised for quashing the proceedings in non-compoundable offence. As per the provisions of Section 320 of Cr.P.C., the offences can be compounded by the Court before which the prosecution is pending.

At this stage, it is submitted by the counsel for the applicants that the applicant no. 2 is still absconding, whereas the applicants no. 1 and 3 have been granted bail. However, the investigation is still pending and the charge-sheet has not been filed.

Under these circumstances, this application under Section 482 of Cr.P.C. is dismissed with liberty to the applicants that after the filing of the charge-sheet if they so desire, then they can move an application under Section 320 of Cr.P.C. before the Trial Court.

With the aforesaid observations, this application is dismissed.