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DELHI HIGH COURT
SHIV NARAYAN DHINGRA, J.
Jitender Rana and Ors.
v.
State (NCT of Delhi) and Ors.
Crl. M. C. No. 465 of 2007
Decided On : 13 -2 -2007.
Section 120-B - Criminal Conspiracy - The court held that when the 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 the power to allow the application for compounding of the offence of Sections 419, 420 read with Section 120-B of IPC.
Fact of the Case:
The petitioners sought quashing of FIR under Sections 419, 420, 120-B, IPC, as the offences were compoundable and the parties had entered into a compromise. The Court of Metropolitan Magistrate opined that since Section 120-B of IPC was also foisted on the accused and was not mentioned in the list of compoundable offences, it may not be able to pass an order compounding the offence.
Finding of the Court:
The Court found that Section 120-B of IPC, which pertains to criminal conspiracy to commit an offence, becomes compoundable when the offence of cheating itself is compoundable. Therefore, the Court of Metropolitan Magistrate has the power to allow the application for compounding of the offence of Sections 419, 420 read with Section 120-B of IPC.
Issues: The issues revolved around the compounding of the offences under Sections 419, 420, 120-B, IPC, and the interpretation of the compoundability of Section 120-B of IPC when combined with other compoundable offences.
Ratio Decidendi: The ratio decidendi was that in cases where the substantive offence itself is compoundable, Section 120-B read with it or Section 34 of IPC read with it shall also be compoundable.
Final Decision: The petition under Section 482 of Cr. P.C. was disposed of with the direction for the parties to make an appropriate application before the Metropolitan Magistrate.
This is a petition under Section 482, Cr. P.C. for quashing of FIR No. 244/99 under Sections 419, 420, 120-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 compounding of the offence of Sections 419, 420 read with Section 120-B of IPC. In all such cases where substantive offence itself is compoundable, Section 120-B read with it or Section 34 of IPC read with it, shall be compoundable.
4. Parties are directed to make an appropriate application before Metropolitan Magistrate.
5. This petition under Section 482 of Cr. P.C. is disposed of with these directions. Dasti.
Order accordingly.
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