LAWS(CHH)-2018-4-107

KAILASH KUMAR Vs. STATE OF CHHATTISGARH

Decided On April 12, 2018
KAILASH KUMAR Appellant
V/S
STATE OF CHHATTISGARH Respondents

JUDGEMENT

(1.) The present petition is against the order dated 16.02.2018, whereby an application filed by respondent No.2 who is complainant herein has stated that she do not want to prosecute her complaint against the present petitioner was dismissed by the order of the JMFC, Jaijaipur.

(2.) As per the prosecution case, on a complaint made by respondent No.2 an offence was registered against the petitioner under Sections 452, 354 (A) (i) and 354 and 506 of the I.P.C. During the course of trial an application was filed by both the complainant and the petitioner and the statement of the complainant was recorded before the Court below, wherein she stated that she do not want to continue her complaint and the relations between the parties have improved, as such the offence may be compounded. Learned court below passed an order compounding the offence under Section 506 IPC, however, the prayer to compound the offence under Sections 452, 354 (A) (i) and 354 IPC was dismissed.

(3.) Learned counsel for the petitioner submits that the complainant has categorically stated before the Court that she do not want to continue with the complaint and it was without fear and pressure. Consequently, the proceedings in criminal case pending before the Court below are required to be quashed.