Dinesh Bhanurao Dhone vs State of Maharashtra & another

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2004 Supreme(Bom) 1485

IN THE HIGH COURT OF BOMBAY
(NAGPUR BENCH)
Rohee K.J., J.
Dinesh Bhanurao Dhone .... Applicant.
Versus
State of Maharashtra another.... Respondents.
Criminal Application No. 3081 of 2004, decided on 4-11-2004.
Advocates appeared :
A.C. Dharmadhikari, for applicant.
S.S. Doifode, A.P.P., for respondent No. 1.
A.G. Joshi, for respondent No. 2.

Headnote:Criminal Procedure Code, 1973 - Sections 482 and 320 - Compounding of offences - Appellant bought readymade clothes from the shop of complainant - Allegations of false billing and utilisation of amount for personal use - Report lodged for offences under Sections 406, 408, 468 and 471 of Indian Penal Code - Filing of charge-sheet - Compromise between parties and execution of memo of understanding - Petition for quashing FIR and charge-sheet. - Held, considering facts, and interest of justice offences are permitted to be compounded, prosecution quashed and set aside. Court found it as a fit case wherein inherent powers of Court under Section 482 of Criminal Procedure Code can be invoked. 2004 (1) Bom CR (Cri) (SC) 93 - Relied on.
[Indian] Penal Code, 1860 - Sections 406, 408, 468 and 471 - Compounding of offences - Appellant obtained ready made clothes from the shop of complainant - Allegations of false bills and utilisation of amount for own use - Filing of report for offences under Sections 406, 408, 468 and 471 of IPC - Filing of charge-sheet - Compromise taken place between parties and execution of memo of understanding - Petition for quashing FIR and charge-sheet. - Held, on the background of facts, the interest of justice offences are permitted to be compounded, prosecution quashed and set aside. Court found it as fit case wherein inherent powers of Court under Section 482 of Cr PC can be invoked. 2004 (1) Bom CR (Cri) (SC) 93 - Relied on.

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.

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