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2018 Supreme(Megh) 57

MOHAMMAD YAQOOB MIR
Dileep Kumar Jain – Appellant
Versus
State of Meghalaya – Respondent


Advocates Appeared:
For the Appellants :S. Jindal, Advocate
For the Respondent:Mr. K. Khan, PP. and Mr. R. Jha, Advocate

JUDGMENT :

Mohammad Yaqoob Mir, J.

The petitioners in essence seeks quashment of GR Case No.4(S) 08 pending before the Court of learned Judicial Magistrate First Class, Shillong on the ground of having settled the disputes with the complainant (respondent No.2).

2. The offences allegedly committed being non-compoundable therefore, in pursuance of the settlement reached amongst the petitioners and proforma respondent, the learned Trial Court could not accept the same for closure of criminal case, in view of bar under section 320 of the Code of Criminal Procedure, 1973 (CrPC).

3. section 320 CrPC, 1973 does not operate as a bar for invoking inherent jurisdiction under section 482 CrPC, 1973 and exercise thereof, hence, the instant petition.

4. The petitioners claimed to be the shareholders of Shebawheels Private Limited Company, having its registered office at Ziakurvilla, Bishnupur, Shillong, whereas, the respondent No.2 claimed to be its Managing Director.

5. The respondent No.2 lodged a report before the Police-in-Charge, Rilbong Police Beat House on 08.11.2004 against the petitioners No.1 and 2 to the effect:

(i) that they in connivance not only dishonestly, fraudulently, removed, conce

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