ORDER :

Petitioner Shivcharan along with Shri Sanjay Bahirani, Advocate.

Respondent No. 1/State by Shri B. D. Mahore, P.P.

Complainant Anil Kumar Gupta along with Shri G. M. Soni, Advocate.

Learned counsel for the parties made a statement at bar that they personally know the petitioner and complainant and they have identified them.

2. This petition has been filed for quashing the order dated 28-3-2008 passed by Judicial Magistrate, First Class, Gwalior in Case No. 2912/08, whereby learned Magistrate rejected the application filed by the petitioner under section 320(2) of Criminal Procedure Code for compounding the offence on the basis of compromise arrived between the parties.

3. It is not in dispute that challan has been filed against the petitioner for the offence punishable under sections 406, 409, 420 and 120-B of Indian Penal Code. Before filing this application for compromise under section 320(2) of Criminal Procedure Code an application for discharge under section 239 of Criminal Procedure Code was filed which is pending for consideration before the trial Court. Out of sections 406, 409, 420 and 120-B of Indian Penal Code, the offence under section 420 of Indian Penal Code is comp