IMPORTANT POINT
Even if offence is non-compoundable, that can not be a bar in appropriate case for High Court to quash proceedings if parties had compounded their dispute.

ORDER

Sadhan Kumar Gupta, J.—This revisional application has been preferred under Sections 397, 401 and 482 of the Cr. P.C. praying for quashing of the proceeding in connection with Case No. C-5914 of 2004 pending before the Court of 9th Judicial Magistrate, Alipore.

2. Case of petitioners is that the O.P. filed a complaint before the Chief Judicial Magistrate, Alipore being Case No. C-5914 of 2004 alleging commission of offence by the accused/petitioners punishable under Sections 406, 420, 467, 468, 471 and 120B of IPC. Subsequently the case was transferred to the file of the ld. 9th Judicial Magistrate, Alipore for disposal.

3. The petitioners preferred an application under Section 482 of the Cr. P.C. before this Court praying for quashing of the criminal proceeding and the said revisional application was numbered as CRR 436 of 2005. At the instance of the petitioner No. 1, another case was filed against the O.P. and it was pending in the Court of ld. 14th “Metropolitan Magistrate Court. Against the continuation of the said proceeding the O.P. preferred an application under section 482 Cr. P.C. before this Court praying for quashing of the said criminal proceeding and the revisional application was numbered as CRR 1342 of 2005. At the instance of the petitioner No. 1, another case was filed against the O.P. and it was pending in the Court of ld. 9th Judicial Magistrate Court, Alipore. Against the continuation of the said proceeding the O.P. preferred an application under Section 482 Cr. P.C. before this Court praying for quashing of the said criminal proceeding and the revisional application was numbered as CRR 1342 of 2005. During the pendency of the said revisional application both the parties arrived at an amicable settlement amongst themselves and decided not to continue with the different initiated in different forums against each other.

4. At the instance of both the petitioner and the O.P., both in CRR No. 436 of 2005 and CRR 1342 of 2005 came up for hearing on 5-1-2006 before this Court and both the revisional applications were dismissed for non-prosecution. The revisional applications were dismissed for non-prosecution solely on the basis that there was an amicable settlement in between the parties.

5. However, on 5-5-2006 case No. C-5914 of 2004 came up for hearing before the ld. Magistrate at Alipore. The accused/petitioners were not present on that day, although they were represented through their lawyer. The Counsel for the O.P./complainant was present and he filed a petition informing the Court that there was an amicable settlement in between the parties and in view of that the complainant did not want to proceed with the said proceeding. However, the ld. Magistrate was pleaded to direct the petitioners to appear in person on the next date and at the same time did not pass any order regarding the fate of the impugned proceeding.

6. Being aggrieved and dissatisfied with the continuance of the impugned proceeding in the Court of the ld. 9th Judicial Magistrate, Alipore and against the impugned order dated 5-5-2006 this revisional application has been preferred. It has been contended by ld. Advocates for both the sides that since the parties had arrived at an amicable settlement amongst themselves, there cannot be any justification whatsoever for allowing the said criminal proceeding to continue. Consequently, they have prayed for setting aside the order in question and for quashing of the said proceeding.

7. I have considered the submissions of the ld. Advocates for both the sides. There is no dispute that at the instance of the complainant/O.P. a criminal case under Sections 120B, 406, 420, 467, 468 and 471 of the Indian Penal Code was started against the accused persons. That case was pending in the Court of the ld. 9th Judicial Magistrate, Alipore for disposal. According to the parties they have arrived at an amicable settlement in between themselves and they do not like to proceed with the case any further. I