Dinesh Bhanurao Dhone v. State of Maharashtra & another
2004-11-04
K.J.ROHEE
body2004
DigiLaw.ai
JUDGMENT - ROHEE K.J., J. : - Heard. 2. Admit. Heard finally at this stage by consent of the parties. 3. By this application under section 482 of the Code of Criminal Procedure the applicant seeks to quash the first information report as well as charge-sheet filed against him on the basis of which Criminal Case No. 237/2003 under sections 406, 408, 468 and 471 of I.P.C. is pending against him. 3-A. It appears that the applicant obtained readymade clothes from the shop of the complainant/respondent No. 2 for selling the same. It is alleged that the applicant produced fake bills and utilised the amount of Rs. 30,000/- and odd for his own use. On the basis of the report lodged by respondent No. 2 offences punishable under sections 406, 408, 468 and 471 of I.P.C. were registered against the applicant. After completion of investigation charge-sheet is filed against him before the Judicial Magistrate, First Class, Court No. 2, Nagpur on 30-12-2003. 4. During the pendency of the prosecution it appears that the matter was compounded between the applicant and respondent No. 2. A memorandum of understanding was also executed by them on 28-10-2004. Since the offences punishable under sections 468 and 471 of I.P.C. are non compoundable, it has been proved that in view of the memorandum of understanding the proceedings may be quashed. In this respect the learned Counsel for the applicant placed his reliance on (B.S. Joshi others v. State of Haryana another)1, 2004(1) Bom.C.R.(Cri.) (S.C.)93, where permission was granted to compound the offence punishable under section 498-A of I.P.C. which was then non-compoundable. 5. On the background of the facts for the present case, the interest of justice would be served if the offences are permitted to be compounded and the prosecution is quashed and set aside. In my opinion this a fit case wherein inherent powers of this Court under 482 of the Code of Criminal Procedure can be invoked. Hence the order. The application is allowed. The proceedings of Criminal Case No. 237/2003 pending on the file of learned Judicial Magistrate, First Class, Court No. 2, Nagpur are hereby quashed. Bail bonds stand cancelled. The cash security, if any be returned to the applicant. Application allowed. -----