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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
O R D E R
Mohd.Arif & anr. Vs. State of Rajasthan
S.B.CRIMINAL MISC. PETITION NO.1934/2009
UNDER SECTION 482 OF
THE CODE OF CRIMINAL PROCEDURE.
Date of Order: Jan.05, 2010
P R E S E N T
HON'BLE MR.JUSTICE DEO NARAYAN THANVI
Mr.M.K.Garg, for the petitioners.
Ms. Rajshree, Public Prosecutor.
Mr.Vishnudayal Sharma, for respondent No.2.
BY THE COURT :
1. Heard learned counsel for the petitioners and the learned
Public Prosecutor as also the learned counsel for respondent
No.2.
2. It is contended by the learned counsel for the petitioners
that the basic charge against them was for the offence u/s.420
IPC alongwith Sec.120B IPC. According to him, the parties have
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entered into the compromise u/s.420 IPC and the accused
petitioners have been acquitted for the said charge by the order
of the learned Judicial Magistrate, I Class, Taranagar, Churu
dated 30.6.09 but the learned Magistrate has continued the
proceeding u/s.120 B IPC because the offence u/s.120B IPC is
not compoundable. Learned counsel for the petitioners while
relying upon the decision of this Court in Amit Kumar Pareek vs.
State of Rajasthan reported in 2006(3)CJ(Raj) Cr.1401 that
when the substantive offence has been compounded by the
parties, the ancillary offence of conspiracy, abetment etc. should
not be allowed to be continued, as it may result in deprivation of
the parties to have their future relations cordial.
3. In the present case, the dispute was about taking money
from the respondent No.2 Abdul Hafeez for sending him to
foreign country for the purpose of livelihood but due to some
reasons, the deal could not be finalized and the money was re-
paid by the petitioners. Now, both the parties have entered into
the compromise and the learned trial Court has acquitted the
accused petitioners u/s.420 IPC but due to offence u/s.120B IPC
being non-compoundable, the accused are facing trial for which
the ultimate result would be acquittal.
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4. In view of the submissions made by the learned counsel for
the petitioners and the facts as have been revealed, there will be
an abuse of the process of law, if ancillary proceedings which are
technically of criminal nature, are allowed to continue.
5. Accordingly, this Misc. Petition is allowed. The proceedings
pending against the accused petitioners in Criminal Case
No.40/06 before the Court of learned Judicial Magistrate I Class,
Taranagar, Churu u/s.120B IPC are hereby quashed.
(DEO NARAYAN THANVI), J.
RANKAWAT JK, PS