- (1.) HEARD Sri Nisar Uddin and Sri Arvind Kumar Srivastava, learned counsel for the petitioner and learned A.G.A. for the State.
(2.) THE present writ petition has been filed for quashing the order dated 6.6.2014 passed by Sessions Judge, Etawah in Criminal Revision No.14 of 2014 (Ram Veer Pal Vs. State of U.P. and others) and order dated 25.11.2013 passed by Chief Judicial Magistrate, Etawah in Criminal Case No.1731 of 2012, Case Crime No.304 of 2012 (State Vs. Umesh Chandra Verma and others), under Sections 420, 406, 504, 506 I.P.C., P.S. Civil Lines, District Etawah.
(3.) THE brief facts of the case are that the petitioner moved an application under Section 156(3) Cr.P.C. and in furtherance of order passed on it, Case Crime No.304 of 2012 was registered under Sections 420, 406, 504, 506 I.P.C. against five persons named therein and during trial after statements of P.W. -1, 2 and 3, the first informant/the revisionist moved an application that he does not want to contest the case and the court may grant permission for compromise. The above application was rejected by the magistrate and the criminal revision filed by the petitioner before Sessions Judge, Etawah was also dismissed through impugned orders, feeling aggrieved with which the first informant/complainant has filed this writ petition. Learned counsel for the petitioner argued that the impugned orders of CJM, Etawah and Sessions Judge, Etawah are wrong, illegal and liable to be quashed; that under provisions of Section 320(1) the offences punishable under Sections 504 and 506 are compoundable while in view of provisions of Section 320(2) the offences under Sections 406 and 420 are compoundable with the permission of the court; that since the parties have entered into compromise so permission for compromise was sought from the court as the offences under Sections 420 and 406 are compoundable with the permission of the court but the learned magistrate acted wrongly and illegally in refusing the permission and further the Sessions Judge in dismissing the revision against the above incorrect order of CJM.;