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Judgment
] This application is filed under Section 482 Cr.P.C. for quashemnt of proceedings in Criminal Case No.1138/2005 pending before Judicial Magistrate First Class, Indore, DistrictIndore under Section 409, 467 of IPC.
] According to the prosecution story, the present applicant was appointed by Sarafa Sakh Sahkarita Maryadit which is a cooperative society registered under Cooperative Societies Act, as collection agent. He used to collect daily contribution from various members and he was under an obligation to deposit the collected amount in the account of the society, however, it is alleged that he did not deposit the amount and thereby committed misappropriation of merely 13 to 14 lakh.
] The parties have entered into compromise and filed application I.A. Nos.1095/2017 & 1096/2017.
] The factum of compromise between the parties was verified by Principal Registrar of this Court on 07.02.2017 and it was found by the Principal Registrar of this Court that the parties have entered into compromise without any coercion and duress. The society was represented by Shri Akhilesh Shashtri, the present President of the society before the Principal Registrar.
] Learned counsel for the applicant submits that the offence under Sections 409 and 467 of IPC are non-compoundable but 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 applicant was a collection agent. It appears that there is no dispute left in respect of money. The parties have entered into the compromise. The dispute is private in nature and does not have any bearing on society at large.
] After going into aforesaid guidelines into consideration and applying them into the present case, I find that this is a fit case where the extraordinary jurisdiction conferred of this Court may be exercised in favour of the applicant. Accordingly, the application is allowed. The proceedings in Criminal Case No.1138/2005 pending before the Judicial Magistrate First Class, Indore are hereby quashed. The applicant is discharged from offence under Sections 409, 467 of IPC.