Anand Surana v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 227 of 2019 • Anand Surana S/o Late Shri Devraj Surana Aged About 60 Years R/o Village Naresh Kripa Bhavan, Near Sant Kabir Chowk Police Station Civil Lines, Raipur District Raipur Chhattisgarh ---- Petitioner

Versus

• State Of Chhattisgarh Through The Station House Officer, Police Station Civil Lines, Raipur District Raipur Chhattisgarh • Smt. Lata Surana W/o Shri Surendra Surana Aged About 53 Years R/o Near Ashirwad Bhavan, Byron Bazar, Raipur, District Raipur Chhattisgarh ---- Respondents For the petitioner :

Shri Praveen Das, Advocate For respondent No.1 :

Shri Vikram Dixit, Govt. Advocate For respondent No.2 :

Shri Atul Kumar Kesharwani, Advocate Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 10.07.2019

1. Heard on I.A. No.2/2019. Application for Section 320(2) CrPC for compounding of offence.

2. Section 420 IPC is compoundable with the permission of the Court as per the provision of Section 320(2) CrPC.

3. This is well settled legal position that while exercising the powers enumerated in Section 482 CrPC, this Court can neither grant the permission to compound the offence nor compound the offence. This power is exclusively in the hands of the competent Court. Only that

Court (trial Court) can compound the offence or grant the permission to compound the offence.

4. I.A. No.2/2019 disposed of accordingly.

5. Counsel for the petitioner and counsel for the respondent No.2 jointly submitted that matter has been amicably settled between them.

6. Counsel for the petitioner submitted that on the aforesaid backdrop he wants to withdraw instant CRMP and thereafter they will pursue their compromise petition pending before the trial Court.

7. Instant CRMP is accordingly disposed of as a result I.A. No.1 is also disposed of.

Sd/- (Sharad Kumar Gupta) Judge Parul