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2003 DIGILAW 1308 (RAJ)

Iddu v. The State of Rajasthan

2003-09-15

HARBANS LAL

body2003
JUDGMENT 1. - This criminal misc. petition u/s. 482 Cr.P.C. seeks quashing of criminal proceedings pending before the Court of learned Addl. Sessions Judge (Fast Track) Kama, Distt. Bharatpur in Sessions Case No. 76/02 for the offence u/ss. 147, 148, 447, 307, 307/149 IPC. 2. Briefly stated, the relevant facts are that on the report of the complainant an F.I.R. No. 51/97 was registered against the accused petitioners for the offence u/ss. 147, 148, 149,323,447,324 and 307 IPC. After investigation challan was filed in the Court below and the case was committed to the Court of Addl. Sessions Judge (Fact Track) Kama, Distt. Bharatpur. The parties have after seeking permission of the trial Court, compounded the offences u/ss. 323, 324, IPC and the accused petitioners have been acquitted of these charges on the basis of the compromise but they are facing trial on charges which are not compoundable. They have, therefore, invoked the inherent jurisdiction of this 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 & Ors., (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 u/s. 482 Cr.P.C. Learned P.P. 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 them. 5. In the result, the petition is allowed and the criminal proceedings in Sessions Case No. 76/02 pending before the learned Addl. Sessions Judge (Fast Track) Kama, Distt. Bharatpur are hereby quashed.Petition allowed. *******