S. B. Sinha, J. - (1.) Leave granted.
(2.) This appeal is directed against a judgment and order dated 18-4-2006 passed by the High Court of Judicature at Patna in Criminal Miscellaneous No. 10432 of 2003, whereby and whereunder a compromise between the parties was not accepted as the appellants were said to be involved in commission of an offence under Section 384 of the Indian Penal Code, 1860.
(3.) The basic fact of the matter is not in dispute. A written report was lodged on 6-9-2000 by the 2nd respondent herein alleging that on 31-8-2000 at about 5.00 p.m. some unknown persons had come to his room No. 207 at Jagat Trade Centre at Fraser Road, Patna and informed him that as a sum of Rs. 1500/- was due to him, he should make the payment thereof. Allegedly, on his reply that he would make the payment only of the amount due from him as per settled accounts; abusive language was used and he was slapped by one Gautam Dubey. A sum of Rs. 1580/- was said to have been taken away from his upper pocket. A First Information Report was lodged on the basis of the said report after six days from the alleged date of commission of the offence. The parties, however, arrived at an amicable settlement of their dispute. A charge-sheet was filed on completion of investigation on 2-2-2001 against the appellant herein purported to be for an offence under Sections 323, 384, 504 read with Section 34 of the Indian Penal Code. An application for discharge was filed by the appellant under Section 239 of the Code of Criminal Procedure, 1973, inter alia, on the premise that the disputes between the parties had been settled. The said application was rejected by the learned Judicial Magistrate on the ground that Section 384 of the Indian Penal Code being non-compoundable, the said application was not sustainable. An application filed by the appellant before the High Court under Section 482 of the Code of Criminal Procedure was dismissed by reason of the impugned judgment, relying on or on the basis of a decision of this Court in Bankat and Anr. vs. State of Maharashtra, ((2005) 1 SCC 343) .;