PINTU ALIAS ABHISHEK Vs. STATE OF MP

JUDGEMENT

(1.) By this application filed under section 482 of the CrPC the accused/applicants Pintu, Anwar and Santosh, have challenged the order dated 26.2.2010 passed by JMFC, Indore in Private Complaint No. 1488/08 for offence under sections 307,294,323 and 326/34 of the IPC and its refusal to drop the proceedings regarding the complaint. The present case was filed on a private complaint by non-applicant No. 2 Sunilsingh and therefore could not be compounded, according to the learned Judge of the lower Court, since the offence under section 307 of the IPC was not compounded and proceedings for trial had already commenced.

(2.) Counsel has stated that both the applicants and the complainant had entered into a compromise and had requested the learned Judge of the Court below for withdrawal of the complaint. However, the learned Judge had refused the same, hence, the present application.

(3.) Counsel has stated that a fresh written compromise along with an affidavit of the complainant Sunil Singh stating that he does not wish to pursue the complaint further has been filed as per directions by this Court on 10/4/2010. Besides this, the complainant has also filed copies of several judgments of the apex Court as well as other High Courts to indicate that if there is no reason to allow the trial to continue and there is hardly any perceivable chance of the complainant for supporting the prosecution case then the order impugned needed to be set aside under the inherent powers of the High Court under section 482 of the CrPC Both the applicants as well as complainant have stated that they do not wish to continue the proceedings in the trial since both the parties had patched up their differences.