Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.27182 of 2010 ====================================================== 1. GURINDER PAL SINGH @ GURVINDRA PAL SINGH S/O LATE SH.JAGDISH SINGH, PROPRIETOR OF DASHMESH RICE & GENERAL MILLS, NEW GRAIN MARKET, SHOP NO. 43, P.S. CITY POLICE- ROPAR, TEHSIL & DISTT. ROPAR (PUNJAB) 2. JITINDER BANSAL S/O LATE SH. RAM SARUP BANSAL, R/O WARD NO. 13, H. NO. 153, NEAR CITY POLICE, KURALI, DISTRICT S.A.S. NAGAR (MOHALI) PUNJAB .... .... Petitioners Versus 1. THE STATE OF BIHAR 2. JAI PRAKASH PD. S/O BRINDER PRASAD, PROPRIETOR OF M/S PARKASH TRADING COMPANY, PATEL PATH, RAKSAUL, EASTERN CHAMPARAN, DISTRICT- EAST CHAMPARAN, MOTIHARI .... .... Opposite Parties ====================================================== Appearance : For the Petitioners : Mr. Yogesh Chandra Verma, Sr. Adv. : Dr. Manoj Kumar, Adv. For the State : Mr. M. Haque, APP For the O.P.2 : Mr. Ansul, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 2. 07.02.2012 1. The present application has been filed for quashing the order dated 10.06.2010 passed in Complaint Case No. 113/2010 corresponding to Trial No. 1894/2010 passed by learned S.D.J.M., Raxaul at Motihari, taking cognizance of offences alleged under [STATUTE] . 2. According to the complaint, the matter relates to business transaction involving supply of grain in which the complainant is aggrieved for non-payment of the price thereof. 3. It is the common stand of the learned Patna High Court Cr.Misc. No.27182 of 2010 (2) dt.07-02-2012 2 counsels appearing for the petitioner and the opposite party no.2 that the parties have since arrived at an amicable settlement, in view of which the opposite party is no longer interested in the prosecution case. 4. Learned counsel for the petitioner has invited attention to the provisions of [STATUTE] . to submit that the offences under [STATUTE] . are compoundable straightaway by the person cheated or insulted as the case may be. As regards [STATUTE] ., the offence is compoundable by the owner of the property in respect of which the breach of trust has been committed, with the permission of the Court before which any prosecution for such offence is pending. 5. Learned counsel for the petitioner submits that the powers under Section 482 Cr.P.C. are wide and are fit to be exercised in a case of the present type where in view of the compromise and amicable settlement between the parties, no fruitful purpose would be served in continuing the prosecution. 7. In support of his submission, he relies on a decision of the Apex Court reported in 2012 (1) P.L.J.R. 133 (Shiji @ Pappu & Ors. Vs. Radhika & Anr.) explaining the scope of Section 482 Cr.P.C. vis-a-vis the provisions of compounding of offences. It has been held that merely because an offence is not compoundable under Section Patna High Court Cr.Misc. No.27182 of 2010 (2) dt.07-02-2012 3 320 I.P.C. by itself is no reason for the High Court to refuse the exercise of its power under Section 482 Cr.P.C. 8. Considering the nature of allegations against the petitioner which merely relate to non-payment of price of goods supplied being essentially a business transaction of a commercial nature, and also considering the fact that the parties have already now arrived at an amicable settlement, this Court is of the view that no fruitful purpose would be served in allowing the prosecution proceedings to continue. 11. In the interest of justice, therefore, the impugned order of cognizance dated 10.06.2010 passed in Complaint Case No. 113/2010 corresponding to Trial No. 1894/2010, is hereby quashed. Fahad. ( Vikash Jain, J. )

Applicable IPC Section: 504

Statute Text:
Section 504 of the Indian Penal Code. Insult intended to provoke breach of the peace. Whoever intentionally insults, and thereby gives provocation to any person, intending or knowing it to be likely that such provocation will cause him to break the public peace, or to commit any other offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.