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2003 DIGILAW 1305 (RAJ)

Sheru @ Sher Mohd v. State of Rajasthan

2003-09-15

HARBANS LAL

body2003
JUDGMENT 1. - This criminal misc. petition under Section 482 Cr.PC. seeks quashing of criminal proceedings pending before the Court of learned Addl. Sessions Judge (Fast Track) Kama, Distt. Bharatpur in Sessions Case No. 78/02 for the offence under sections 147, 148, 307, 307/149 I.P.C. 2. Briefly stated, the relevant facts are that on the report of the complainant an F.I.R. No. 50/97 was registered against the accused petitioners for the offence under sections 147, 148, 149, 323, 324, 325 and 307 I.P.C. After investigation challan was filed in the court below and the case was committed to the court of Addl. Sessions Judge (Fast Track) Kama Distt. Bharatpur. The parties have after seeking permission of the trial court, compounded the offences under sections 323, 324 and 325 I.P.C. and the accused petitioners have been acquitted of these charges on the basis of the compromise but they are facing trial on remaining charges which are not compoundable. They have, therefore, invoked the inherent jurisdiction of this 15 court for quashing the criminal proceedings pending against them for other charges on the ground that they have amicably settled their dispute out of court. 3. I have heard learned counsel for the parties. 4. They have jointly submitted on the strength of B.S. Joshi & Ors. v. State of Haryana and others, 2003(1) WLC (SC) Cri. 579 : 2003(4) SCC 675 that the High Court in exercise of its inherent powers can quash criminal proceedings, FIR or complaint in appropriate cases and Section 320 of the Cr.P.C. does not limit or affect its powers under Section 482 Cr.P.C. Learned PP also does not have any objection to the allowing of this petition. Keeping in view the law laid down by their Lordships of the Hon'ble Apex Court in the afore-mentioned authority and considering that the parties have come to compromise out of court and all other facts and circumstances of the case, the criminal proceedings in the aforesaid case pending between the parties deserve to be quashed for securing the ends of justice, so that there may not be any more bitterness between the parties. 5. In the result, the petition is allowed and the criminal proceedings in Sessions Case No. 78/02 pending before the learned Addl. Sessions Judge (Fast Track) Kama, Distt, Bharatpur are hereby quashed.Petition Allowed - Proceedings Quashed. *******