- (1.) Heard learned counsel appearing for the petitioner and learned counsel appearing for the State and also learned counsel appearing for the opposite party No. 2. The order dated 12.2.2009 passed in connection with Bariatu P.S. Case No. 26 of 2009 under which cognizance of the offences punishable under Sections 406, 420 and 379 of the Indian Penal Code has been taken against the -petitioner is being sought to be quashed on the ground that the parties have compromised the matter.
(2.) Learned counsel appearing for the petitioner submits that the dispute giving rise to an offence under Sections 406 and 420 of the Indian Penal Code is personal in nature and never involved any public policy and hence, the same can be allowed to be compounded in the view of the decision rendered in a case of Madan Mohan Abbot vs. State of Punjab, 2008 2 Supreme 750] and so far the offence under Section 379 of the Indian Penal Code is concerned, that is compoundable in view of the provision as contained in Section 320 of the Code of Criminal Procedure.
(3.) Therefore, the compromise petition filed be accepted and the order taking cognizance be quashed as no useful purpose would be served by allowing the petitioner to face rigor of the trial as there would be no chances of the petitioner being convicted.;