Advocates:
['SHAILENDRA DUBEY', '', 'SHIVANG DUBEY', 'ASHOK KUMAR DUBEY', 'A G', '', 'GUPTANAND RATHORE']

1

NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

Cr.M.P. No. 675 of 2016

Salik Ram Rathore S/o Bharat Lal Rathore, aged about 34 years,

R/o Village Portha, P.S. & Tehsil Sakti, District Janjgir-Champa,

Chhattisgarh.

---- Petitioner

Versus

1. The Superintendent of Police, District Janjgir-Champa,

Chhattisgarh.

2. The State of Chhattisgarh through Station House Officer of Police

Station Sakti, District Janjgir Champa, Chhattisgarh.

3. Pankaj Rathore S/o Ashok Rathore, aged about 34 years, R/o

Village Portha, P.S. and Tehsil Sakti, District Janjgir Champa,

Chhattisgarh.

4. Ashish Kumar Yadav S/o Manohar Lal Yadav, aged about 22

years, R/o Village Portha, P.S. and Tehsil Sakti, District Janjgir

Champa, Chhattisgarh.

5. Mohit Ram Yadav S/o Mukundram Yadav, aged about 42 years,

R/o Village Portha, P.S. and Tehsil Sakti, District Janjgir Champa,

Chhattisgarh.

6. Dileshwar Yadav S/o Madhoprasad Yadav, aged about 44 years,

R/o Village Portha, P.S. and Tehsil Sakti, District Janjgir Champa,

Chhattisgarh.

7. Kirti Kumar S/o Ramprasad Rathore, aged about 36 years, R/o

Village Portha, P.S. and Tehsil Sakti, District Janjgir Champa,

Chhattisgarh.

8. Shanti Yadav S/o Dileshwar Yadav aged about 40 years, R/o

Village Portha, P.S. and Tehsil Sakti, District Janjgir Champa,

Chhattisgarh.

9. Mahendra Kumar Dewangan S/o Goverdhan Prasad Dewangan

aged about 38 years, R/o Village Portha, P.S. and Tehsil Sakti,

District Janjgir Champa, Chhattisgarh.

10.Ramaprasad Rathore S/o Bhagat Rathore aged about 55 years,

R/o Village Portha, P.S. and Tehsil Sakti, District Janjgir Champa,

Chhattisgarh.

11.Shiv Kumar Dewangan S/o Gautam Dewangan aged about 50

years, R/o Village Portha, P.S. and Tehsil Sakti, District Janjgir

Champa, Chhattisgarh.

12.Ramdayal S/o Radhelal Yadav aged about 40 years, R/o Village

Portha, P.S. and Tehsil Sakti, District Janjgir Champa,

Chhattisgarh.

13.Lalit S/o Ramkumar Rathore aged about 25 years, R/o Village

Dongia, P.S. and Tehsil Sakti, District Janjgir Champa,

Chhattisgarh.

---- Respondents

2

For Petitioner

:

Shri Shailendra Dubey, Advocate

For Respondent/State

:

Shri Garry Mukhopadhyay, Dy. G.A.

Hon'ble Shri Justice P. Sam Koshy

Order On Board

19/08/2016

The present petition under Section 482 of CrPC has been preferred

by the petitioner seeking for quashment of the proceedings in Crime

No.238/15 lodged at Police Station Sakti, Janjgir Champa against which

Criminal Case No. 1051 of 2015 before the JMFC, Sakti has been

registered and the petitioner was being prosecuted for the offence under

Section 420/34 and Section 120B of IPC.

2.

Counsel for the petitioner submits that pending the proceedings

before the Court below, the parties to the dispute i.e. the complainants

and the accused persons had entered into a compromise and settled the

dispute out of the Court and accordingly moved an application for

compounding the offence before the trial Court. It is the contention of the

counsel for the petitioner that the JMFC, Sakti vide its order dated

09.12.2015 and 31.12.2015 allowed the application for compounding the

offence under Section 420/34 of IPC. However, the trial Court refused to

compound the offence under Section 120B of IPC as the same was

beyond its competence and power.

3.

Counsel for the petitioner further submits that since the substantive

sentence under Section 420/34 IPC has been compounded, there is no

possibility of the present petitioner of being convicted or being held guilty

for the offence under Section 120B of IPC without the main section and

therefore, prayed for permission of this Court for compounding the offence

under Section 120B of IPC.

3

4.

State counsel on due consideration of the facts and circumstances

of the case and also on perusal of the record fairly admits the fact that the

main section i.e. the offence under Section 420 IPC hav