The court quashed the order taking cognizance and entire proceedings in the complaint case, exercising powers under Section 482 CrPC, as a compromise outside the court was effected regarding compoundable offences.
Quashed the order taking cognizance dated 15.4.2005 in Complaint Case No. 1312 of 2003 and entire proceedings of the case.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.32318 of 2007
1. Mrs. Mona Goindi, W/o Mr. Kamaljeet Goindi @ Kanwaljeet Goindi, Joint Managing Director, Nippon Audiotronix Ltd.
2. Mr. Kamaljeet Goindi, Managing Director, Nippon Audiotronix Ltd.
3. I.S. Gujral, S/o Manmohan Singh Gujral, General Manager, Business Development and Engineer, Nippon Audiotronix Ltd.
4. Bhagat Darshan @ Bhakt Darshan, S/o Sri Pratap Singh, Sr. Manager, Import and Excise, Nippon Audiotronix Ltd. All working at D-B Sector X, Noida, District Gautam Budha Nagar (U.P.). ---------- Petitioners
Versus
1. The State of Bihar.
2. Ganga Sagar, S/o Lalji Prasad, Resident of Mohalla Pahasi, P.S. Kotwali, District Gaya.
------------ Opposite PartiesWith
Cr.Misc. No.32319 of 2007
1. Mr. Shishir Michael, S/o Sanu Michael, Resident of Flat No. 88/District Sector 71, Noida, Gautam Budha Nagar, U.P.
2. Dhiraj Chawala, S/o late H.L. Chawala, Working as Manager Sales in Nippon Audiotronix Ltd. D-B Sector X, Noida, District Gautam Budha Nagar (U.P.). ---------- Petitioners
Versus
1. The State of Bihar.
2. Ganga Sagar, S/o Lalji Prasad, Resident of Mohalla Pahasi, P.S. Kotwali, District Gaya.
---------- Opposite Parties
-----------
7 4.9.2009 Heard Mr. Jitendra Singh, learned senior
counsel appearing on behalf of the petitioners
and Mr. Shivendra Prasad, learned counsel for
the opposite party no.2.
It appears that good sense has prevailed
upon the parties and the compromise outside
the Court has been effected in relation to the
offences which is otherwise were compoundable.
That being so, as the opposite party
2
no.2 would also accept this position of
compounding of the offences, this Court,
exercising its power under Section 482 of the
Code of Criminal Procedure, would quash the
order taking cognizance dated 15.4.2005 in
Complaint Case No. 1312 of 2003 as also entire
proceedings of the case.
Rsh
(Mihir Kumar Jha, J.)
1 issue framed by the court
Whether the offence is compoundable and the parties have reached a compromise outside the court.
1 provisions across 1 enactments
Mona Goindi and Ors.
The State of Bihar
Ganga Sagar
Mihir Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court