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2010 DIGILAW 1849 (RAJ)

Biju Mathew v. State of Rajasthan

2010-11-02

MOHAMMAD RAFIQ

body2010
JUDGMENT 1. - The instant criminal misc.petition under Section 482 Cr.P.C. seeks quashing of criminal proceedings pending before the Court of learned Additional Chief Judicial Magistrate No.12, Jaipur City, Jaipur in Criminal Case No.200/2010 against the accused-petitioners for offence u/Ss. 336 and 427 IPC, on the basis of compromise having been arrived at between the accused-petitioners and complainant-respondent No.2. Consequently said offences may be compounded, maximum punishment of which, is three years. 2. Learned counsel for the accused-petitioners has submitted that the parties have arrived at therefore, order taking cognizance/framing charge against the accused-petitioners and criminal proceedings pursuant thereto pending before the trial court be quashed. In support of his argument, he has placed reliance on the judgment of Apex Court in Nalini Shankaran and Ors. v. Neelkanth Mahadeo Kamble and Ors., 2007(2) Crimes 329 (SC) to argue that continuance of proceedings will be sheer abuse of process of law and complaint proceedings were liable to be quashed. 3. Learned Public Prosecutor has opposed the petition. 4. I have heard learned counsel for accused-petitioner as well as learned Public Prosecutor for the State and perused the material on record as well as cited law on the subject. 5. Having regard to the fact that the compromise had arrived at between the parties, petitioner No.2 is 20 years of age and is a student, maximum punishment for the alleged offence is three years and in view of law laid down by the Apex Court by authoritative pronouncement in Nalini Shankaran supra, this petition deserves acceptance. 6. In the result, this criminal misc.petition u/S.482 Cr.P.C. is allowed. Offence u/Ss.336 and 427 IPC is compounded. Impugned order dated 10/3/2010 passed by learned Additional Chief Judicial Magistrate No.12, Jaipur City, Jaipur is set-aside and consequently criminal proceedings pending against the accused-petitioners before the trial court in Criminal Case No.200/2010 for offence under Sections 336 and 427 IPC are also quashed and set-aside. Compromise be taken on record.Petition Allowed. *******