(1.) The present petition is against the order dated 10.11.2017, whereby the JMFC, Raipur has partly allowed the application filed under Section 320 (2) of the Cr.P.C. and has discharged the accused under Sections 294, 323 and 506 of the I.P.C., however, the prayer to compound the offence under Section 365 of the I.P.C. has been dismissed.
(2.) Learned counsel for the petitioner would submit that the case is arising out of a report made by complainant/respondent No.2 over a road rage, wherein simple issue has been inflated to the incident of offence under Section 365 of the I.P.C. He would further submit that one car dashed the other, as such the car which dashed that of the complainant, he was subjected to abuse and assault and was kept in confinement by the petitioner. He would further submit that neither the petitioner has any criminal background, nor has any past antecedent of the like nature and the simple case has been inflated to charge the petitioner with a offence under Section 365 IPC, therefore, the same may be compounded.
(3.) Learned counsel for respondent No.2 do not object the same and submit that the parties have amicably settled the dispute and no purpose would be served in keeping the prosecution alive as the parties have amicably settled the issue.