Research › Browse › Judgment

Rajasthan High Court · body

1990 DIGILAW 72 (RAJ)

SHIVNATH v. STATE OF RAJASTHAN

1990-01-25

SOBHAG MAL JAIN

body1990
Judgment SABHAG MAL JAM, J. ( 1 ) THIS petition under Section 432, Cr. P. C. is directed against the order dated January 10, 1990 of the Munsif and Judicial Magistrate, Jaitaran, refusing to verify the compromise filed by the parties under Section 320, Cr. P. C. ( 2 ) THE case relates to the incident, which took place as back as July 22, 1985. Two cross cases were registered against the accused and the complainant Shanti Lal. The present accused are facing trial for the offence under Sections 147, 325 and 326/149, I. P. C. In the cross case, the complainant party was facing trial for the offence under Sections 323 and 325/34, I. P. C. Both the parties entered, into a compromise and sought the permission of the Court for the same. In the cross case, the permission was granted and the matter was allowed to be compromised. In the present case, however, the compromise was refused on the ground that the offences, for which the accused are facing trial, are not compoundable. ( 3 ) THE Supreme Court, in Mahesh Chandra and another v. The State of Rajasthan, (citation is not given) where the accused was being tried for the offence under Section 307 I. P. C. directed the Trial Court, to accord permission to compound the offence. ( 4 ) HAVING regard to the nature of the offence and the circumstances, particularly the fact that both the parties have compromised their dispute, it would be in the interest of justice that permission is granted to them to compound the offence in this case also. The parties are inter se related and to allow the prosecution of accused even after the compromise would reverse the atmosphere of harmony. The special circumstances, existing in the present case and the nature of the offence is such that it would be just and proper to allow composition of the offence in the present case between the parties. ( 5 ) THE petition is allowed and the Trial Court is directed to accord permission to compound the offence, after giving opportunity of hearing to the parties and after satisfying that they have compromised the case between them. Petition allowed.