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Showing contexts for: 384 ipc in Amit Paharia vs State Of Rajasthan And Anr on 18 January, 2018Matching Fragments
This criminal misc. petition has been preferred by accused- petitioner Amit Paharia with the prayer to quash the order dated 25.03.2017 passed by learned ACJM No.1, Sikar, whereby the trial court took cognizance against him for the offence under Section 384 IPC on the basis of charge-sheet No.54/2017 filed in FIR No.72/2017, registered at PS Udhyog Nagar, Sikar.
Heard learned counsel for the accused-petitioner as also learned counsel for the complainant-respondent No.2 and learned (2 of 9) [CRLMP-2441/2017] Public Prosecutor for the State.
Learned counsel for the petitioner submits that FIR No.72/2017 came to be registered for the offence under Section 306 IPC. After investigation, a charge-sheet came to be filed against the accused-persons. Rakesh Kumar & Jitendra Singh were charged for the offence under Sections 306 & 382 IPC and Amit Paharia, who is petitioner herein & Abhishek Pilaniya were charge- sheeted for the offence under Section 384 IPC. Against six other persons investigation under Section 173(8) Cr.P.C. was kept pending. Vide order dated 25.03.2017 cognizance for the offence under Section 384 IPC was taken against petitioner - Amit Paharia.
Learned counsel for the petitioner further submits that complainant Manish Kumar has entered into a compromise deed with petitioner Amit Paharia on 14.09.2017. In the said compromise, complainant Manish Kumar has been arrayed as First party and petitioner Amit Paharia has been arrayed as Second party, wherein the complainant Manish Kumar has admitted that the offence under Section 384 IPC was not made out against petitioner Amit Paharia. The relevant part of compromise deed is reproduced below :-
3. The Party of the First Part states that no demand for any money whatsoever or delivery of any amount was ever done/taken by Party of the Second Part and no act/omission amounting to offence amounting to offence under Section 384 IPC is made out.
4. That Party of the First part states that no transaction of money or any other transaction was ever done between Party of the First Part and Party of the Second Part.