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2010 DIGILAW 17 (RAJ)

Mohd. Arif v. State of Rajasthan

2010-01-05

DEO NARAYAN THANVI

body2010
JUDGMENT 1. - Heard learned counsel for the petitioners and the learned Public Prosecutor as also the learned counsel for respondent No. 2. 2. It is contended by the learned counsel for the petitioners that the basic charge against them was for the offence under Section 420 Indian Penal Code. along with Section 120B Indian Penal Code. According to him, the parties have entered into the compromise under Section 420 Indian Penal Code. and accused petitioners have been acquitted for the said charge by the order of the learned Judicial Magistrate, I Class, Taranagar, Churu dated 30.6.2009 but the learned Magistrate has continued the proceeding under Section 120B Indian Penal Code. because the offence under Section 120B Indian Penal Code. is not compoundable. Learned counsel for the petitioners while relying upon the decision of this Court in Amit Kumar Pareek v. State of Rajasthan, reported in 2006 (3) CJ (Raj) Cr 1401 that when the substantive offence has been compounded by the parties, the anciliary offence of conspiracy, abetment etc. should not be allowed to be continued, as it may result in deprivation of the parties to have their future relations cordial. 3. In the present case, the dispute was about taking money from the respondent No. 2 Abdul Hafeez for sending him to foreign country for the purpose of livelihood but due to some reasons, the deal could not be finalised and the money was re-paid by the petitioners. Now, both the parties have entered into the compromise and the learned trial Court has acquitted the accused-petitioners under Section 420 Indian Penal Code. but due to offence under Section 120B Indian Penal Code. being non-compoundable, the accused are facing trial for which the ultimate result would be acquittal. 4. In view of the submissions made by the learned counsel for the petitioners and the facts as have been revealed, there will be an abuse of the process of law, if ancillary proceedings which were technically of criminal nature, are allowed to continue. 5. Accordingly, this misc. petition is allowed. The proceedings pending against the accused-petitioners in Criminal Case No. 40/2006 before the Court of learned Judicial Magistrate I Class, Taranagar, Churu under Section 120B Indian Penal Code. are hereby quashed.Petition allowed. *******