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Judgment
] This application is filed under Section 482 Cr.P.C. for quashemnt of First Information Report arising out of Crime No.82/2016, Police Station- Raoji Bazar, District Indore under Sections 420, 467, 468, 471 of IPC.
] The relevant facts for disposal of this application are that the applicant sold part of the plot bearing registration Nos.33 and 34 to respondent No.2 by a sale deed on 30.03.1997, and thereafter, it is alleged that the present applicant sold the same plot to one Irshad. Respondent No.2 filed a criminal complaint before the Magistrate, who ordered under Section 156(3) Cr.P.C. for registration of an offence and in compliance thereof the present FIR was registered.
] The parties entered into compromise and an application I.A. No.657/2017 is filed jointly by the applicant and respondent No.2 stating that they have entered into compromise and no dispute has been left between them.
] The factum of compromise between the parties was verified by Principal Registrar of this Court on 13.02.2017 and it was found by the Principal Registrar that the parties had entered into compromise voluntarily without any coercion and duress.
] Learned counsel for the applicant submits that except offence under Section 420 of IPC, all the other offence under all other sections are non-compoundable and can be compounded, if this Court permits such compounding of offence exercising extraordinary jurisdiction granted to this Court under Section 482 Cr.P.C.
] Learned counsel for the applicant cited the judgment of Hon''ble Apex Court in Narinder Singh and Anr. Vs. State of Punjab and Anr., 2014 3 SCC(Cri) 54. In this case, Hon''ble Apex Court in para 29 of the judgment laid down the guidelines on which the High Court using the extraordinary jurisdiction under Section 482 and quash the charges framed under noncompoundable offences. Taking the guidelines framed by the Supreme Court under consideration. It is apparent that the present dispute is regarding a business matter. It is their personal dispute and society at large is not affected by the dispute. The Hon''ble Apex Court in para 29.2 laid down two tests stating therein that the guiding factor in such cases would be to secure: (i) ends of justice, or
(ii) to prevent abuse of the process of any court.
While exercising the power the High Court is to form an opinion on either of the aforesaid two objectives.
] In the present case, the dispute appears to be confined between the two parties. It has no bearing on the society at large, and therefore, I find it to be a fit case where using extraordinary jurisdiction, the offence may be permitted to be compromised. Accordingly, the application under Section 482 Cr.P.C. is allowed. The First Information Report arising out of Crime No.82/2016, Police Station- Raoji Bazar, District Indore is hereby quashed. The present applicant is discharged from offence under Sections 420, 467, 468, 471 of IPC.