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2007 Supreme(Bom) 190

SHIVNARAYAN DHINGRA
Jitender Rana – Appellant
Versus
State (NCT of Delhi) – Respondent


Advocates:
Advocate Appeared
PRADEEP RANA, MANISH MALIK, AJAY MALIK and RAHUL, for Petitioners.
AJAY and Ms. RICHA KAPOOR, for Respondent No.2.

JUDGMENT:-

This is a petition under Section 482, Cr.P.C. for quashing of FIR No.244/99 under Sections 419, 420, l20-B, IPC, P.S. Narela, Delhi.

2. Both the offences are compoundable and the parties have entered into a compromise. Petitioners have approached this Court for quashing of FIR. Learned counsel for the petitioners state that though he intended to make an application before the Court of Metropolitan Magistrate for compounding of offences, however, the Court of Metropolitan Magistrate opined that since Section 120-B of IPC was also foisted on accused and 120-B of IPC was not mentioned in the list of compoundable offences, therefore, he may not be able to pass an order compounding offence. No order has been passed by the learned Metropolitan Magistrate rejecting the application for compounding of the offences.

3. Section 120-B of IPC is criminal conspiracy to commit an offence. Here in this case the allegations are of a criminal conspiracy to commit offence of cheating. When offence of cheating itself is compoundable, Section 120-B of IPC read with Section 420 of IPC becomes compoundable and the Court of Metropolitan Magistrate has power to allow the application for compoundin





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