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2016 DIGILAW 938 (RAJ)

Rameshwar v. State of Rajasthan

2016-07-05

P.K.LOHRA

body2016
ORDER : P.K. Lohra, J. 1. Petitioners have laid this criminal misc. petition under Section 482 Cr.P.C., seeking annulment of FIR No.156/2009 registered with Police Station Sojat City, District Pali and has also craved for quashing entire proceedings of criminal case No.113/2010 pending before Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Cases, Pali. 2. Learned counsel for the petitioners, at the outset, submits that there was a trivial dispute between accused persons and the complainant relating to apportionment of land culminating into the aforesaid FIR and the criminal prosecution of the petitioners. It is also submitted by learned counsel for the petitioners that, during pendency of the proceedings before the learned Special Court, parties have sorted out their dispute and eventually compromise has been arrived at between the rival parties. In view of compromise between the parties, it is submitted by the learned counsel that now it is not worthwhile to continue with the proceedings before the learned trial Court. 3. Learned counsel appearing for the complainant has very candidly submitted that compromise has been arrived at and now no dispute, as such, survives between the parties. 4. Well, it is true that offence attributed to the petitioners under Section 382 IPC and Section 3(i) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, 'Act') is not compoundable but then now a compromise has arrived at between the rival parties, this Court can very well exercise its inherent powers under Section 482 Cr.P.C. 5. Reliance, in this behalf, can be profitably made to a decision of Gian Singh v. State of Punjab & Anr. reported in JT 2012(9) SC 426. In this verdict, Supreme Court has held that inherent powers of this Court under Section 482 Cr.P.C. are independent of Section 320 Cr.P.C. and in the event of compromise being arrived at, this Court can very well exercise its inherent powers to clog the proceedings perpetually. 6. Taking into account the entire fact scenario, the instant petition is allowed. The FIR No.156/2009 and further proceedings in criminal case no.113/2010 pending before learned trial Court are hereby quashed.