MANGILAL AGRAWAL Vs. STATE OF M.P

JUDGEMENT

(1.) This order disposes of this petition filed under Section 482 Cr.P.C. for quashing the FIR dated 16.04.2008 registered against the petitioners bearing Crime No.407/2008 at Police Station- Kotwali, District-Dewas under Sections 323, 327, 342, 504, 506 of IPC and all consequential criminal proceedings.

(2.) This petition has been filed in view of the compromise which has taken place between the complainant and the petitioners in Criminal Case No.1759/2008. After trial, learned trial Court while discharging the petitioners from sections 327, 504 and 323 of the IPC, convicted them under sections 342 and 330 of the IPC and sentenced them with RI for 3-3 months with fine of Rs.1000-1000 and RI for 1-1 year with fine of Rs.1000- 1000/- respectively and acquitted them under section 506 of the IPC vide judgment dated 03.10.2016. Aggrieved, an appeal was filed before the Sessions Court. During the pendency of appeal, a compromise was entered into between the complainants and the petitioners, consequent to which the petitioners were acquitted for the offence punishable under section 342 of the IPC. The only remaining section which could not be compounded was the offence under section 330 of the IPC as the same was not compoundable.

(3.) In this petition filed under section 482 of the Cr.P.C, the petitioners citing the Apex Court judgments in the case of Narinder Singh vs. State of Punjab reported in (2014) 6 SCC 466 and Gian Singh vs. State of Punjab and another reported in (2012) 10 SCC 303 have prayed that in view of the compromise, the criminal appeal No.322/2016 pending before the IVth ASJ, Dewas and all consequential proceedings thereto may be quashed.