AI Structured Summary
Not yet generated for this judgment
Judgment
This application under Section 482 of the Cr. P.C. has
been filed for quashing the order dated 04.11.2003 and
07.03.2006 passed in complaint case No. 759 (C) of 2003
whereunder the court below took cognizance under Sections 323,
406, 420, 452, 504, 120(B) / 34 of the Indian Penal Code and
issued non-bailable warrant of arrest against these petitioners. The
case is pending before the court of Sri Sanjay Kumar-V, J.M. 1st
Class, Patna City.
Heard Mr. Ashok Kumar, learned counsel for the
petitioners and the learned APP for the State.
The facts in brief is that Opposite Party No. 2
(complainant) deals with the business of Food Syrup and used to
send the articles to various places through the transport agency.
The petitioners run a business of transport agency. The
complainant sent Food Syrup worth Rs. 3,882/- for sending it to
Madhubani through the agency of these petitioners. The said
article was neither delivered nor any payment was given to the
complainant which compelled the complainant to file the present
case.
The Learned counsel for the petitioners, at the outset,
submitted that the matter is of civil nature and they have
compromised the case also. A compromise petition to this effect
duly signed by both the parties and their respective lawyers has
been filed before the court below which has been annexed as
Annexure-2 of the petition. The petitioners as well as the
complainant left the case unattended under impression that the
case has been disposed of in terms of compromise. Subsequently,
the petitioners learnt that the case is pending for appearance.
Learned APP for the State concedes to this submission
of learned counsel for the petitioners that the matter has been
compromised but as the petitioners did not appear, the case has
been fixed for appearance of the petitioners.
On perusal of order passed by court below as well as
the materials on record, it appears that the court below passed the
impugned order on the basis of material available on record. The
case is compoundable in nature subject to the permission of the
court. Since the parties do not want to proceed with their case in
view of the compromise, the court is required to give them
opportunity to support the compromise and also to pass order on
the point of grant of permission to the parties to compromise the
case.
In view of the nature of the case as also the facts and
circumstances stated above, this application is disposed of with a
direction to the petitioners to appear before the court below along
with the complainant to press the compromise petition which
shall be disposed of on merits in accordance with law.