Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ No.259 of 2010 ====================================================== Md. Zubair Alam .... .... Petitioner Versus State Of Bihar & Ors .... .... Respondents ====================================================== with Criminal Writ No.1084 of 2010 ====================================================== Md. Yunus & Ors .... .... Petitioners Versus State Of Bihar & Ors .... .... Respondents ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 7 24-09-2012 Respondent no.6 Md. Aslam Raja filed Complaint Case No.288C of 2010 in the court of learned Chief Judicial Magistrate, Ara(Bhojpur) which was referred to the police for investigation under Section 156(3) of the code of Criminal Procedure on 19.02.2010. Pursuant to the order of the court Ara Town P.S.Case No.120 of 2010 dated 02.04.2010 was instituted under [STATUTE] against the petitioners of both the cases. The petitioners of Cr.W.J.C.No.1084 of 2010 filed an application under Section 482 of the Code of Criminal Procedure being Cr.Misc.No.9696 of 2010 against the aforesaid order dated 19.02.2010 passed by the Chief Judicial Magistrate, Ara(Bhojpur). The petitioners pleaded Patna High Court CR. WJC No.259 of 2010 (7) dt.24-09-2012 2 in that case that the court at Ara had no territorial jurisdiction to hear the matter. A Bench of this Court after hearing the parties dismissed the application filed under Section 482 of the Code of Criminal Procedure being Cr.Misc.No.9696 of 2010 on 26.04.2010. The petitioners of that case, thereafter, filed Cr.W.J.C.No.1084 of 2010 on 07.10.2010 in which a prayer has been made to discharge the accused persons of Ara Town P.S.case No.120 of 2010 as the parties have amicably settled the dispute. In Cr.W.J.C.No.259 of 2010 the petitioner has prayed for quashing the aforesaid order dated 19.02.2010 passed in Complaint Case No.288C of 2010 by the learned Chief Judicial Magistrate, Ara(Bhojpur) by which he has referred the case under Section 156(3) of the Code of Criminal Procedure to the police for investigation. The petitioner has taken the ground that the Chief Judicial Magistrate, Ara(Bhojpur) does not have the power to send the complaint case for registration in view of the fact that the court at Ara does not have the territorial jurisdiction to hear the matter. So far as the Cr.W.J.C.No.259 of 2010 is concerned, the order impugned in the said case was already challenged by some other co-accused persons before this Court in a proceeding under Section 482 of the Code of Criminal Procedure. As stated above, a Bench of this Court after hearing the parties negated the Patna High Court CR. WJC No.259 of 2010 (7) dt.24-09-2012 3 plea of the accused persons and dismissed the application. In that view of the matter, I do not find any reason to take a different view in the matter. So far as the prayer made in Cr.W.J.C.No.1084 of 2010 is concerned, in my view the same also cannot be allowed. The FIR has been instituted under [STATUTE] . The offences under [STATUTE] are not compoundable. Under such circumstance, the prayer to quash the case on the basis of compromise made between the parties cannot be allowed. Moreover, the plea of compromise is to be taken before the court concerned at appropriate stage. In the result both the applications, being devoid of any merit, are dismissed. B.Kr./- (Ashwani Kumar Singh, J)

Applicable IPC Section: 467

Statute Text:
Section 467 of the Indian Penal Code. Forgery of a valuable security, will or authority to make or transfer any valuable security, or to receive any money, etc. Whoever forges a document which purports to be a valuable security or a will, or an authority to adopt a son, or which purports to give authority to any person to make or transfer any valuable security, or to receive the principal, interest or dividends thereon, or to receive or deliver any money, movable property, or valuable security, or any document purporting to be an acquittance or receipt acknowledging the payment of money, or an acquittance or receipt for the delivery of any movable property or valuable security, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.