1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R Mohd.Arif & anr. Vs. State of Rajasthan S.B.CRIMINAL MISC. PETITION NO.1934/2009 UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE. Date of Order: Jan.05, 2010 P R E S E N T HON'BLE MR.JUSTICE DEO NARAYAN THANVI Mr.M.K.Garg, for the petitioners. Ms. Rajshree, Public Prosecutor. Mr.Vishnudayal Sharma, for respondent No.2. BY THE COURT : 1. Heard learned counsel for the petitioners and the learned Public Prosecutor as also the learned counsel for respondent No.2. 2. It is contended by the learned counsel for the petitioners that the basic charge against them was for the offence u/s.420 IPC alongwith Sec.120B IPC. According to him, the parties have 2 entered into the compromise u/s.420 IPC and the accused petitioners have been acquitted for the said charge by the order of the learned Judicial Magistrate, I Class, Taranagar, Churu dated 30.6.09 but the learned Magistrate has continued the proceeding u/s.120 B IPC because the offence u/s.120B IPC is not compoundable. Learned counsel for the petitioners while relying upon the decision of this Court in Amit Kumar Pareek vs. State of Rajasthan reported in 2006(3)CJ(Raj) Cr.1401 that when the substantive offence has been compounded by the parties, the ancillary offence of conspiracy, abetment etc. should not be allowed to be continued, as it may result in deprivation of the parties to have their future relations cordial. 3. In the present case, the dispute was about taking money from the respondent No.2 Abdul Hafeez for sending him to foreign country for the purpose of livelihood but due to some reasons, the deal could not be finalized and the money was re- paid by the petitioners. Now, both the parties have entered into the compromise and the learned trial Court has acquitted the accused petitioners u/s.420 IPC but due to offence u/s.120B IPC being non-compoundable, the accused are facing trial for which the ultimate result would be acquittal. 3 4. In view of the submissions made by the learned counsel for the petitioners and the facts as have been revealed, there will be an abuse of the process of law, if ancillary proceedings which are technically of criminal nature, are allowed to continue. 5. Accordingly, this Misc. Petition is allowed. The proceedings pending against the accused petitioners in Criminal Case No.40/06 before the Court of learned Judicial Magistrate I Class, Taranagar, Churu u/s.120B IPC are hereby quashed. (DEO NARAYAN THANVI), J. RANKAWAT JK, PS