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2013 DIGILAW 2322 (RAJ)

Harvinder Singh v. State of Rajasthan Anr.

2013-12-19

NIRMALJIT KAUR

body2013
JUDGMENT 1. - This is criminal misc. petition under Section 482 Cr.P.C. for quashing of criminal proceeding pending trial in Criminal Case No. 205/2011 before the learned Additional Chief Judicial Magistrate (Paryavaran) Pali on the ground of compromise arrived between the parties. 2. Learned counsel for the respondent-complainant states that the matter has been compromised and he has instruction to state that the complainant has no objection if the criminal proceedings pending trial in criminal case No. 205/2011 before the learned Additional Chief Judicial Magistrate, (Paryavaran), Pali is quashed. 3. It is also evident from the order placed on record dated 13.12.2013 as Ann.Ex.P-5 and P/6 that in pursuance to the said compromise, the offences under Section 406, 323 IPC were compounded. 4. Thus, this Court is satisfied that the compromise is genuine. The dispute herein, is personal in nature. 5. The Apex Court in the case of Madan Mohan Abbot v. State of Punjab, reported as (2008) 4 SCC 582 emphasised in para No. 6 as follows:- "6. We need to emphasise that it is perhaps advisable that in disputes where the question involved is of a purely personal nature, the Court should ordinarily accept the terms of the compromise even in criminal proceedings as keeping the matter alive with no possibility of a result in favour of the prosecution is a luxury which the Courts, grossly overburdened as they are, cannot afford and that the time so saved can be utilised in deciding more effective and meaningful litigation. This is a common sense approach to the matter based on ground of realities and bereft of the technicalities of the law." 6. In view of the above, the present criminal misc. petition is allowed and criminal proceeding pending trial in Criminal Case No. 205/2011 before the learned Additional Chief Judicial Magistrate (Paryavaran) Pali is quashed.Petition allowed. *******