MADAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal misc. petition under Sec. 482 Cr.P.C. has been preferred by the petitioner with the prayer for quashing the criminal proceedings pending against him before learned Judicial Magistrate, Sirohi (hereinafter referred to as 'the trial court') in Criminal Case No.405/2020, wherein the trial court vide order dtd. 26/5/2023 has attested the compromise for the offence punishable under Sec. 420 IPC, but refused to attest the same for the offence under Ss. 467, 468 IPC as the same is noncompoundable. During pendency of trial, an application was preferred on behalf of the petitioner as well as the respondent No.2 while stating therein that both the parties have entered into compromise and, therefore, the criminal proceedings pending against the petitioner may be terminated.

(2.) The trial court vide order dtd. 26/5/2023 has allowed the parties to compound the offence under Sec. 420 I.P.C., however, rejected the application while observing that the offences under Ss. 467, 468 IPC are not compoundable. The present criminal misc. petition has been preferred by the petitioner for quashing the said criminal proceedings pending against him.

(3.) Learned counsel for the petitioner has argued that as the petitioner and the complainant-respondent No.2 have already entered into compromise and on the basis of it, the petitioner has been acquitted for the offence under Sec. 420 IPC, there is no possibility of his conviction for the offence under Ss. 467 and 468 I.P.C. It is also argued that no useful purpose would be served by continuing the trial against the petitioner for the offence under Ss. 467 and 468 I.P.C. because the same may derail the compromise arrived at between the parties.