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2014 DIGILAW 791 (RAJ)

Dharam Chand Jain v. State of Rajasthan

2014-03-27

PRASHANT KUMAR AGARWAL

body2014
JUDGMENT 1. - The matter comes up for orders on application No.2492 filed by the accused-petitioner for deciding the present misc. petition on the basis of compromise between the parties and release the accused-petitioner from the judicial custody forthwith. 2. Heard learned counsel for the parties on the application No.2492 and the misc. petition. 3. By way of this criminal misc. petition under Section 482 Cr.P.C. the accused-petitioner has come to this Court with a prayer to quash the proceedings pending before the Additional Chief Judicial Magistrate, Dantaramgarh, Sikar in Criminal Case No.126/2013 for the offences punishable under Sections 420, 406 and 120-B IPC mainly on the ground that they have amicably entered into compromise and settled their dispute and now no dispute remains between them. 4. The brief relevant facts are that on the written report lodged by the respondent-complainant FIR No.161/2012 was registered at Police Station Dantaramgarh, Sikar for the offences under Sections 420, 406, 467, 468 471 & 120-B IPC and after investigation charge-sheet was filed for the offences under Sections 420, 406 & 120-B and the same was registered as Criminal Case No.126/2013 which is now pending trial before the Court below. During trial an application under Section 320 Cr.P.C. was jointly filed by the parties to grant permission for compounding the offences. The Court below vide order dated 11.2.2014 granted permission to compound the offence under Section 420 & 406 IPC and as a consequence thereof the petitioner was acquitted for that offence, but could not attest the offence under Section 120-B IPC being non-compoundable. In these circumstances, the present application and and petition has been filed for grant of permission to compound the remaining offences and to quash the proceedings pending before the Court below. 5. In these circumstances, the present application and and petition has been filed for grant of permission to compound the remaining offences and to quash the proceedings pending before the Court below. 5. On consideration of submissions made on behalf of the respective parties and the material made available for my perusal and in view of the fact that the parties have compromised their dispute and there remains no dispute between them and also in view of the fact that civil litigation between the parties has also been resolved by way of compromise and the respondent-complainant who was personally present before this Court admitted the aforesaid facts and in view of the principles of law laid down by a Larger Bench of Hon'ble Supreme Court in the case of Gian Singh v. State of Punjab & Anr-SLR (Cr.) No.8989/2010 and others, decided on 24.9.2012 , I find it a case in which permission to compound the offence punishable under Section 120-B IPC is required to be granted and, therefore, the requisite permission is granted. 6. In view of the fact that the parties have compromised their dispute and the requisite permission has been granted by this Court, the petition is allowed and the criminal proceedings pending before the Additional Chief Judicial Magistrate, Dantaramgarh, Sikar in Criminal Case No.126/2013 are quashed and set aside and as a consequence thereof the accused-petitioner is acquitted from the offence punishable under Section 120-B IPC and the accused petitioner Dharam Chand Jain, who is presently confined in District Jail Sikar, shall be released forthwith if not required in some other case. In view of the above order, the application No.2492 is also disposed of. *******