- (1.) HEARD learned counsel appearing for the petitioners, learned counsel for the State as well as the learned counsel appearing for O.P. No.2. This application has been filed for quashing of the first information report of Pithoria P.S. Case No. 12 of 2012 (G.R. No. 615/2012), registered under Sections 341, 323, 384, 504, 506, 467, 379/34 of the Indian Penal Code, on the ground that the parties got their dispute settled amicably and have arrived at to a compromise and a joint compromise petition has been filed by way of interlocutory application bearing I.A. No. 1460 of 2013. It is the case of the prosecution that the informant had purchase a piece of land in the year 2008 from a rightful owner of the land, whereas these petitioners had purchase the same piece of land not from the rightful owner of the land rather from a 3rd person in the year 2005 and when the informant had collected building materials over that piece of land for making construction, those building materials were removed by Abbas Khan, Md. Naushad, Lal Khan and Tunu Khan, who are the vendors and they also put forth the demand of Rangdari. On such allegation Pithoria P.S. Case No. 12 of 2012 has been registered under Sections 341, 323, 384, 504, 506, 467, 379/34 of the Indian Penal Code.
(2.) MR . Das, learned counsel appearing for the petitioners submits that on account of a dispute, which arose in between these petitioners and the informant, the informant had brought a Civil Suit, which ended in a compromise and, therefore, the parties have entered into a compromise in criminal case also and, therefore, it can be said that basically the criminal prosecution is an outcome of the civil dispute, which has amicably been settled and in such situation, offence under Section 384 IPC can be allowed to be compounded in view of the ratio laid down in a case of "Shiji @ Pappu and others versus Radhika and another [2011 (4) JLJR (SC) 421]". Further, it was submitted that so far as offence under Section 467 IPC is concerned, it never gets attracted even if, all the allegations, made in the F.I.R., are taken to be true and, in such situation, the compromise petition filed by the parties be accepted and the order taking cognizance be quashed.
(3.) LEARNED counsel appearing for O.P. No. 2 also admits that the parties got their civil dispute settled and have also entered into a compromise in the present criminal case.;