GOVERDHAN SINGH AND ORS Vs. ROHTAS AND ORS

JUDGEMENT

(1.) The petition has been filed under Section 482 of the Code of Criminal Procedure seeking quashing of complaint case No. 91 of 2002 dated 10.11.2001 (Annexure-P.1) pending in the Court of learned Judicial Magistrate 1st Class, Karnal. The quashing of the said complaint (Annexure-P.1) is sought in view of the compromise dated 14.10.2010 (Annexure-P.2) entered into between the Petitioners.

(2.) During the course of hearing, learned Counsel for the Petitioners submits that the trial in the case is complete and the case is now fixed for final arguments. It is submitted that in view of the compromise (Annexure-P.2), the complaint (Annexure-P.1) is liable to be quashed.

(3.) After giving my thoughtful consideration to the matter, it may be noticed that the complaint (Annexure-P.1) has been filed alleging commission of offences under Sections 148, 149, 323, 452 and 506 IPC. The offence under Section 452 IPC is not compoundable. In the circumstances and keeping in view the fact that the trial in the case is complete, it would be just and expedient that the Petitioners argue the case before the learned trial Magistrate on merit. However, in case they are convicted, the fact that the parties have entered into compromise would be taken into consideration at the said stage. One of the facts which weigh with the Courts for quashing the complaint/FIR on the basis of compromise is that the time which would be consumed in trial could well be utilized for deciding other cases. However, time which could have been saved has now already been consumed. Therefore, the learned trial Court itself, in case conviction is recorded, would take into consideration the fact that the parties have compromised, for the purpose of sentencing the accused that is in case they are found guilty. The learned rial Court is competent to grant any relief including release of the accused on probation on the basis of compromise. Besides, the Petitioners would have a legal right to pursue the matter further if an adverse order is still passed against them. The quashing of the complaint at this stage when the case is fixed for final arguments in the facts and circumstances of the present case would be inexpedient. Consequently, there is no merit in this petition and the same is accordingly dismissed. However, the learned trial Court, in case a finding of guilt is recorded against the Petitioners, would consider the fact of compromise for the purpose of sentencing them.