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2017 DIGILAW 387 (MP)

Dharmendra Jain s/o Late Shri Kanhaiyalal Jain v. State of Madhya Pradesh

2017-03-21

ALOK VERMA

body2017
ORDER : Alok Verma, J. This application under Section 482 Cr.P.C. is filed for quashment of FIR arising out of Crime No.257/2011 Police Station Malharganj, Indore dated 09/06/2011 under Sections 406 and 420/34 IPC. 2. The genesis of dispute goes back to year 1985, when, 27 persons obtained membership of Maharana Pratap Nagar Co-operative Ltd. Society, Indore and deposited Rs.5000/- each for purchase of plots to be developed by the society. The colony was named as Vindhyachal Nagar Indore. It was one of the condition of the allotment that remaining part of purchase money Rs.6000/- shall be paid in monthly instalment of Rs.200/- per month. As per the agreement, duty was caste on the society to obtain necessary permissions and clearances from various government departments. It was later on discovered that the land which was to be allotted to the aforesaid 27 members were part of green belt area of the town. The society took necessary steps to get this area converted into residential area. This permission was granted on 03.02.2000 and the land comprised in green belt area was converted into residential area. No permission under Urban Ceiling Act was required as the Act was already repealed. Therefore, it was said that with such conversion from green belt area to residential area, the society was in position to allot the plots to above 27 members. When the members insisted for allotment of the plots, the society refused to allot plot, therefore, a dispute arose and the 27 members filed dispute cases before the Deputy Registrar Co-operative Society. 3. The allegations made in the FIR are mainly against the President of the Society - Shantilal s/o Pannalal. The present applicant was shown as one of his associate, who helped the main accused Shantilal in commission of the crime. The present application is filed on two grounds. Firstly, that at the time, when the offence was allegedly committed by main accused Shantilal and present applicant, the present applicant was not an office bearer of the society. He became member of the society only in the year 2000, while the offence was allegedly committed between year 1985-1997. The second ground is taken, as the complainant has entered into a compromise with the society and the main accused. He became member of the society only in the year 2000, while the offence was allegedly committed between year 1985-1997. The second ground is taken, as the complainant has entered into a compromise with the society and the main accused. As the charge-sheet has not been filed, the present applicant could not file an application for disposal of the application on the basis of compromise and therefore, this application is filed seeking quashment of the offence. 4. Learned counsel appearing for the respondent/State opposed the application on the ground that name of the applicant specifically appears in the FIR. Only during trial his role could be ascertained by Trial Court. 5. None appeared on behalf of respondent No.2/complainant, though he was served with notice of this application. 6. I have gone through all the papers submitted by the applicant. It appears that so far charge-sheet has not been filed. The offence under Section 420 and 406 IPC are compoundable under Section 320 of Cr.P.C. However, as the charge-sheet has not been filed, it is not possible for the applicant to file an application before the Trial Court for his acquittal on the basis of compromise. In this situation, using extraordinary jurisdiction granted to this Court under Section 482 Cr.P.C. does not appear possible, as case of the present applicant is entirely different from three other accused persons, whose application was accepted by this Court in M.Cr.C. Nos.10001/2013, 10002/2013 and 10003/2013 dated 11/02/2015. 7. The present applicant was stated to be an associate of the main accused. The role he played in commission of the alleged offence could be assessed only when charge-sheet is filed. At present, charge-sheet has not been filed, and therefore, nothing can be said about role played by the present applicant. The offence, as stated above, is compoundable offence. From the document produced by present applicant it is apparent that the complainant has entered into an compromise and all the disputes before the Joint Registrar, Co-operative Societies have been disposed of on the basis of such compromise, and in such peculiar circumstances, that exist in this case, respondent No.1 is directed to complete the investigation and file the charge-sheet before the concerning Court within a period of three months from the date of this order. When the charge-sheet is filed, the present applicant is at liberty to file an application under Section 320 Cr.P.C. for disposal of the case on the basis of compromise entered into by the parties. In case, disposal of the case on the basis of compromise fails due to any reason whatsoever, the applicant is free to renew his prayer u/S 482 Cr.P.C., which shall be disposed of on the basis of material available against the applicant in the charge-sheet. With observations and directions as above, the matter stands disposed of. Certified copy as per rules.