Mohd. Yamin, J. - (1.) Heard. This is a petition under Section 482 Cr.RC. to quash the order of learned Additional Chief Judicial Magistrate, Jhunjhunu dated 8.7.93.
(2.) The facts may be stated in brief. First informant Dayanand lodged a report at P.S. Mandawa Distt. Jhunjhunu for offences under Sections 147, 341, 323 and 504 IPC alleging that on 27.7.91 he was standing at bus stand Jhunjhunu with jeep No. RJ-18/T-0011. It was further alleged that the accused petitioner came there and hired his vehicle and some other vehicles on fixed charges. Members of baraat were taken in the vehicles to village Wahidpura. At about 9 a.m. petitioner sent one person to the complainant who told the drivers of the vehicles including the. complainant that the petitioner was calling them. It was mentioned that he told that one vehicle will go to Diggal in order to bring liquor. It was further alleged that the complainant and others demanded Rs. 100/- more than the fixed charges for going to Diggal. Then the petitioner is alleged to have told that he was Dy.S.P and an extra amount could not be charged from him. He also threatened that the vehicles would be seized. There were 8 or 10 other persons who were all under the influence of liquor. They slapped the complainant. It was further alleged that the complainant was beaten at the bus stand of Wahidpura thereafter and when he raised an alarm, 10 or 15 persons came there. Again the petitioner is said to have threatened him with dire consequences, etc. On report, investigation was done and ultimately the final report was submitted. It may also be stated that even during the investigation a compromise for the offences under Section 341, 323 and 504 etc. was arrived at. The police came to the conclusion that no offence under Section 147 IPC was made out. Final report was submitted. Learned Magistrate did not accept the final report. He, of course did issue notice to complainant Dayanand who did not file any protest petition or a fresh complaint. Learned Magistrate then took cognizance under Section 147. 341, 323 and 504 IPC. It is against this order that the petitioner has preferred this petition.
(3.) Learned counsel for the petitioner submitted that when the matter was compromised during the investigation and the police had come to the conclusion that no offence under Section 147 IPC was made out, it is a fit case in which the order taking cognizance should be quashed.;