- (1.) HEARD the learned counsel for the petitioners and learned counsel for the state as well as learned counsel for the opposite party No.2.
(2.) THE instant application has been filed against the judgment dated 14th September, 2006 passed in Criminal Appeal No. 27 of 1995 by 6th Additional Sessions Judge, Dhanbad by which judgment he has confirmed the judgment of conviction and modified the sentence dated 26th April, 1995 passed by Sri Vivekanand Prasad, Judicial Magistrate 1st Class, Dhanbad in connection with C.P. Case No. 68 of 1993, T.R. 474 of 1995 in which the petitioner were sentenced to undergo R. I. for one year u/s 403 and 406 of the I.P.C. It is submitted by learned counsel for the petitioners that section 403 and 406 of the I.P.C. are compoundable and petitioners and complainant have filed joint compromise petitioner before the court and prayed that since, as per section 320 Cr.P.C. section 403 and 406 of the I.P.C. are compoundable, they may be permitted to compound the case and petitioners may be acquitted from the charges on compromise.
(3.) AFTER hearing the parties and going through the record and also since, the State has got no objection, since both parties have compromised the matter, I find that as per section 320 of the Cr. P.C. section 403 of the I.P.C. is compoundable at the instance of the person whose property was misappropriated and in this case prayer for compounding has been made by the complainant and petitioners.;