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2013 DIGILAW 1591 (RAJ)

Ashish Tapodi v. State of Rajasthan

2013-09-11

NARENDRA KUMAR JAIN II

body2013
JUDGMENT 1. - Heard learned counsel for the petitioner. 2. The petitioner is facing trial before the learned Metropolitan Magistrate No. 12, Jaipur Metropolitan(hereinafter referred to as 'the Trial Court') for offences under Sections 285, 338 IPC in Criminal Case No. 65/2011, State v. Ashish Tapodi . 3. In the above case, after compromise between the parties, an application seeking permission from the Court for compounding the offences against the petitioner was filed along with the compromise. In view of the compromise arrived at between the parties, learned Trial Court vide impugned order dated 03.10.2012 accepted the compromise in respect of offence under Section 338 IPC and granted permission to the parties to compound the offence, but in respect of offence punishable under Section 285 IPC, learned Trial Court rejected the application for compounding the offence against the petitioner because as per Section 320 Cr.P.C., said offence is not compoundable. 4. Learned counsel for the petitioner submitted that in view of decisions rendered by the Hon'ble Supreme Court in the case of B.S. Joshi v. State of Haryana, (2003) 4 SCC 675 and Gian Singh v. State of Punjab & Ors., 2012 Cr.L.R. (SC) 883 , if compromise has been arrived at between the parties in such type of offences, then said compromise can be accepted while exercising the powers under Section 482 Cr.P.C. 5. I have perused the judgments rendered by the Hon'ble Supreme Court in the cases of B.S. Joshi(supra) and Gian Singh(supra) dealing with the similar controversy with reference to exercise of jurisdiction under Section 482 Cr.P.C. It has been held by the Hon'ble Apex Court that even if offence is not compoundable, but to secure interest of justice, the High Court in exercise of its inherent powers can quash the FIR, criminal proceedings or complaint under Section 482 of the Code of Criminal Procedure. 6. In view of above, present misc. petition filed by the petitioner under Section 482 Cr.P.C. before this Court is allowed. The compromise filed by the parties before the Trial Court is accepted in respect of offence under Section 285 IPC also, while following the law laid down by the Hon'ble Supreme Court in the cases of B.S. Joshi(supra) and Gian Singh(supra). petition filed by the petitioner under Section 482 Cr.P.C. before this Court is allowed. The compromise filed by the parties before the Trial Court is accepted in respect of offence under Section 285 IPC also, while following the law laid down by the Hon'ble Supreme Court in the cases of B.S. Joshi(supra) and Gian Singh(supra). Impugned order dated 03.10.2012 passed by the learned Trial Court to the extent of rejection of compromise of offence under Section 285 IPC is set aside and the proceedings against the petitioner pending in the trial court are hereby quashed. The permission is hereby granted to the parties to compound the offence under Section 285 IPC provided that by the effect of compromise arrived at between the parties, none of the parties shall be entitled to file any other litigation in respect of subject matter of present case. 7. Stay application stands disposed of.Petition allowed. *******