Darshan Singh Vs State and Anr.

Learned counsel for the petitioner and learned counsel for the complainant jointly submit that the petitioner and the complainant have entered into a compromise. It is thus submitted that the parties are not inclined to proceed further in the matter.

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Learned counsel for the parties have placed reliance on a decision of Supreme Court in case of Gian Singh V/s. State of Punjab & Anr. [(2012) 10 SCC 303] .

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It is also submitted that the compromise has happened between the parties and the factum of such compromise is also reflected in the order dated 24.03.2015, but the learned court below has declined to accept and verify the compromise in relation to the offence under Sections 406 of IPC on the ground of the said offence being non-compoundable as per Section 320 Cr.P.C.

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In view of the compromise arrived at between the parties as well as the aforesaid order dated 24.03.2015 of the

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(2 of 2)

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[CRLMP-998/2015]

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learned court below and applying the ratio in decision of Gian Singh Vs. State of Punjab & Anr. (supra) , this Court deems it just and proper to invoke its inherent powers under Section 482 Cr.P.C.

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Accordingly, the present misc. petition is allowed and the petitioner is discharged of the offence under Section 406 of IPC as well, in relation to Criminal Case No.381A/1999 pending

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before learned Judicial Magistrate, Sadulsahar, District Sriganganagar.

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Stay petition also stands disposed of.

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(DR.PUSHPENDRA SINGH BHATI), J.

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37-Sudheer/-

Darshan Singh v. State and Anr.

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Darshan Singh v. State and Anr.

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