1

THE HIGH COURT OF MADHYA PRADESH

MCRC No.61275/2021

Anil Kumar Sharma Vs. State of MP and anr.

Through Video Conferencing

Gwalior, Dated : 14/01/2022

Shri Sunil Kumar Jain, learned counsel for the applicant.

Shri Rajeev Upadhyay, learned counsel for the respondent No.

1/State.

Shri S.D.S.Bhadauriya, learned counsel for the respondent

No.2.

This second application under Section 482 of Cr.P.C. has been

filed for quashing the FIR in Crime No.424/2020 registered at Police

Station Kotwali, District Shivpuri for offence under Section 420 of

IPC.

It is submitted by the counsel for the applicant that according

to the prosecution case, an agreement to sale a piece of land was

executed by the complainant in favour of the applicant. When the

cheques issued by the applicant were not encashed, then it is alleged

that the applicant issued non CTS cheque (cheques which were

already discontinued by the Reserve Bank of India), as a result, even

those cheques stood bounced. It is submitted that although, the

application filed by the applicant under Section 482 of Cr.P.C. for

quashment of FIR in Crime No.424/2020 has already been dismissed

by this Court by a detailed order dated 03/12/2020 passed in MCRC

No.47349/2020, but now the complainant has entered into a

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THE HIGH COURT OF MADHYA PRADESH

MCRC No.61275/2021

Anil Kumar Sharma Vs. State of MP and anr.

compromise, therefore, the FIR may be quashed.

Heard the learned counsel for the applicant.

Offence under Section 420 of IPC is compoundable under

Section 320(2) of Cr.P.C.

Section 320(2) of Cr.P.C. reads as under:-

“320. Compounding of offences:

(1)

xxx

xxx

xxx

(2)

The offences punishable under the sections of the

Indian Penal (45 of 1860 ) Code specified in the first two

columns of the Table next following may, with the permission

of the Court before which any prosecution for such offence is

pending, be compounded by the persons mentioned in the third

column of that Table: -

Offences

Section of the Indian

Penal Code

applicable

Person by whom

offence may be

compounded

---

Cheating

and

dishonestly

inducing delivery

of property or the

making alteration

or destruction of a

valuable security

---

---

420

---

---

The

person

cheated

---

Thus, it is clear that the offence mentioned under Section

320(2) of Cr.P.C. can be compounded with the permission of the

Court before which any prosecution for such offence is pending.

Admittedly, no prosecution of the applicant is pending before

the Court. Even otherwise, it is not the case of the applicant that

offence under Section 420 of IPC is non-compoundable. When there

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THE HIGH COURT OF MADHYA PRADESH

MCRC No.61275/2021

Anil Kumar Sharma Vs. State of MP and anr.

is a specific provision in Cr.P.C., then the Court may be slow in

exercising its extraordinary power under Section 482 of CrPC.

Since, the applicant will get an opportunity to move similar

application before the Trial Court after the charge-sheet is filed, no

case is made out for exercising the power under Section 482 of

Cr.P.C. by bypassing the provisions of Section 320(2) of Cr.P.C.

Accordingly, the application fails and is hereby dismissed.

(G.S. Ahluwalia)

Abhi

Judge

ABHISHEK

CHATURVEDI

2022.01.14

20:05:48

+05'30'