ABHISHEK BORANA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal misc. petition under Section 482 Cr.P.C. has been preferred for quashing of the criminal proceedings pending against the petitioner before the court of Metropolitan Magistrate, Jodhpur Metropolitan in Criminal Regular Case No.9777/2020 arising out of FIR No.56/2020 dt. 21.03.2020 registered at Police Station Sadar Bazar, Jodhpur City East for offence under Sections 354(k), 354(gh), 384, 506 IPC and Sections 66E, 67, 67A I.T. (Amendment) Act, 2008. Learned Magistrate vide order dated 08.02.2021 while partly allowing the application filed by the parties refused to compound the offence under Section 354(k), 354(gh), 384 IPC and Section 67, 67A I.T. (Amendment) Act, 2008.

(2.) Learned counsel for the petitioner has argued that the complainant-respondent No.2 and the petitioner have already entered into compromise and on the basis of it, there is no possibility of conviction of the petitioner for the offences punishable under Sections 354(k), 354(gh), 384 IPC and Section 67, 67A I.T. (Amendment) Act, 2008. It is also argued that no useful purpose would be served by continuing the trial against the petitioner for the aforesaid offences because the same may derail the compromise arrived at between the parties.

(3.) Learned counsel for the respondent No.2 has admitted that the parties have already entered into compromise and resolved their dispute amicably and the respondent No.2 does not want to press the charges levelled against the petitioner in relation to offences punishable under Sections 354(k), 354(gh), 384 IPC and Section 67, 67A I.T. (Amendment) Act, 2008.