1 S.B. Criminal Misc. Petition No. 128/2010 Mohan lal Sharma vs. The State of Rajasthan & Anr. Dated : 28.01.2010 HON'BLE MR. JUSTICE MAHESH BHAGWATI. Mr. M.T. Ali, for the petitioner. Mr. Amit Punia, Public Prosecutor for the State. By way of this petition filed under Section 482 of Cr.P.C., the petitioner has prayed to quash the order dated 14th December, 2009 rendered by Judicial Magistrate No.3, Jaipur District, Jaipur, grant permission to attest the compound petition in the offence under Section 406 of IPC and further quash the proceedings pending in a case pertaining to FIR No. 80/2009. 2. Heard learned counsel for the parties and perused the impugned order dated 14th December, 2009 including the relevant material available on record. 3. Learned counsel for the petitioner canvassed that both the parties have compromised and the offence under Section 420 of IPC being compoundable under Section 320 of Cr.P.C., the compound petition has been attested by the learned trial court but since, the offence under Section 406 of IPC is not compoundable, the trial for the same has been pending in the court. 4. The Hon'ble Apex Court in a catena of decisions consistently has given a note of caution that inherent powers conferred under Section 482 of Cr.P.C. should be exercised very sparingly and with circumspection and that too in the rarest of rare cases. 2 5. In S.B. Criminal Misc. Petition No. 172/2010 case title Smt. Kusum Maheshwari & Ors. versus The State of Rajasthan & Anr. this Court held thus:- “....Section 320 of Cr.P.C. provides for compounding of certain offences with the permission of the Court and certain others even without permission of the Court, but the offences which are not mentioned in the tables provided under Section 320 of Cr.P.C. are obviously not compoundable. It is simply a case wherein the offence under Section 323/149 and 452 of Indian Penal Code are found to have been committed. If both the parties have compromised, that does not mean that the offences which are not compoundable should be attested and the accused should be set at liberty. If any accused is involved in the offences under Section 307, 323, 451 of Indian Penal Code and the parties compromised in the offence under Section 451 and 323 of Indian Penal Code, should the Court attest the compromise in the offence under Section 307 of Indian Penal Code, which is not compoundable under Section 320 of Cr.P.C.? All the courts, irrespective of their hierarchy, are required to act under the provisions of law. If a Judicial Magistrate does not possess the power to attest the compromise in the offence or offences, which are not compoundable under Section 320 of Cr.P.C., that power does not lie with the High Court also. Can the High Court act as a legislature and enact new laws? The courts are not required to exercise the powers of the legislature. I am afraid, an offence, which is not compoundable under Section 320 of Cr.P.C., can the High Court attest the compound petition for that offence? Neither the learned Additional Chief Judicial Magistrate is found to have abused the process of the court nor the facts of the petition are such wherein the inherent jurisdiction by this Court can be invoked.” 3 6. Thus, it is clear that the offence under Section 406 of IPC is not compoundable with the permission of the court or without permission of the court under Section 320 of Cr.P.C. The courts are not required to exercise the powers of the Legislature. When the law has not permitted to compound the offence under Section 406 of IPC, how can this Court go beyond the purview of law? Hence, the prayer with regard to grant of permission to attest the compound petition in the offence under Section 406 of IPC deserves to be dismissed at the threshold. 7. So far as the proceedings pertaining to FIR No. 80/2009 pending with the trial court are concerned, nothing has emerged on record which can become the basis to quash proceedings pending before the trial court. The petition is found to be totally devoid of substance. 8. For the reasons stated above, the criminal misc. petition filed under Section 482 of Cr.P.C. being bereft of merits stands dismissed at the threshold. (MAHESH BHAGWATI),J. Mak/- s-5