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2020 Supreme(UK) 103
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Lok Pal Singh, J.
Chirag Mathur And Another - Appellant
Versus
State Of Uttarakhand And Others - Respondent
Writ Petition (Criminal) No.202 of 2020
Decided On : 25-02-2020
Mr. Vikas Kumar Guglani, Advocate For the Appellants, for the Appellant; Mr. Siddhartha Bisht, Brief Holder for the State of Uttarakhand, Mr. B.S. Koranga, Advocate for respondent no.3, for the Respondent
The main legal point established in the judgment is the interpretation of compoundable offences under the scheme of Section 320 of Cr.P.C. and the finding that no offence was made out against the petitioners under certain sections of IPC.
Headnote:
Compounding of Offences - Quashing of FIR - Summary: The court allowed the compounding application and quashed the FIR under Sections 420, 406, 465, 467, 468, 471, 120-B, 34 of IPC, as it found that no offence was made out against the petitioners under certain sections, and the remaining sections were compoundable offences under the scheme of Section 320 of Cr.P.C.
Fact of the Case:
The petitioners obtained advance money from a company for selling an industrial unit, but the company found no such unit or machinery at the site. The company requested a refund, which the petitioners refused. A compounding application was filed stating that the dispute was settled amicably, and the complainant received their money back.
Finding of the Court:
The court found that no offence was made out against the petitioners under certain sections of IPC, and the remaining sections were compoundable offences under the scheme of Section 320 of Cr.P.C. Therefore, the compounding application was allowed, and the FIR was quashed.
Issues: The issues involved the allegations of obtaining advance money by false pretenses and the refusal to refund the money, as well as the compounding application and objections raised by the state/respondent.
Ratio Decidendi: The court's decision was based on the finding that no offence was made out against the petitioners under certain sections of IPC, and the remaining sections were compoundable offences under the scheme of Section 320 of Cr.P.C.
Final Decision: The court allowed the compounding application and quashed the FIR under Sections 420, 406, 465, 467, 468, 471, 120-B, 34 of IPC, and the writ petition was allowed accordingly. Pending applications, if any, were also disposed of with no order as to costs.
JUDGMENT
Lok Pal Singh, J. - This writ petition has been filed for the following relief:
i) Issue a writ, order or direction in the nature of certiorari for quashing the FIR No.166 of 2018 under Section 420, 406, 465, 467, 468, 471, 120-B, 34 of IPC , P.S. Pantnagar, District Udham Singh Nagar.
2. The allegations in the FIR are that the petitioners obtained ` 5,00,000/- as advance money from the complainant company in lieu of selling its industrial unit including plant and machinery. After making the advance payment, when the complainant companys officials visited the site then they were shocked and surprised to see that no such plant and machinery exists at the site. Thereafter, when the complainant company asked the petitioners to refund their money back they refused to do so.
3. Compounding application being IA No.2375 of 2020 has been filed by the parties jointly (petitioners and respondent nos.3) stating that the petitioners and respondent no.3 have settled their dispute amicably, inasmuch as, the complainant has received their amount back from the petitioners. It is also stated that the grievance of the complainant has been redressed as the petitioners have returned their money and now there remains no dispute in between the parties and the respondent no.3 does not wish to prosecute the petitioners. By way of present compounding application, a prayer has been made to quash the impugned FIR. Along with the application, petitioner no.1 and respondent no.3 have filed their separate affidavits to affirm what is stated in the application.
4. State/respondent no.1 and 2 have filed its objections to the compounding application stating that the offence punishable under Sections 465, 467, 468, 471 and 120-B of IPC are non-compoundable as per Section 320 of Cr.P.C.
5. I have heard learned counsel for the parties and perused the material available on record.
6. Insofar as Sections 465, 467, 468, 471 and 120-B are concerned, from the perusal of the impugned FIR, it is abundantly clear that no offence is made out against the petitioners under Sections 465, 467, 468, 471 and 120-B of IPC. As regards other Sections viz. 420/406/34 IPC, same are compoundable offence within the scheme of Section 320 of Cr.P.C.
7. In view of the above, compounding application is allowed. As a consequence thereof, FIR No.166 of 2018 under Section 420, 406, 465, 467, 468, 471, 120-B, 34 of IPC, P.S. Pantnagar, District Udham Singh Nagar is hereby quashed.
8. Writ petition stands allowed accordingly.
9. Pending applications, if any, also stand disposed of.
10. No order as to costs.
