CHANDAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal misc. petition under Sec. 482 Cr.P.C. has been preferred for quashing of the criminal proceedings pending against the petitioner before the court of Additional Chief Judical Magistrate, Osiya in Criminal Case No. 269/2020 (State v. Shambhu Singh and ors.) arising out of FIR No. 90/2020, Police Station Kherapa, Jodhpur for offence under Ss. 147, 447, 427, 323 of IPC. Learned Magistrate vide order dtd. 30/1/2023 while partly allowing the application filed by the parties accept the compromise for offences under Ss. 323, 447, 427/149 but refused to compound the offence under Ss. 147, 148/149 IPC.

(2.) The complainant-respondent No. 2 has concurred the fact of compromise and submits that they 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 Ss. 147, 148/149 of IPC. 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.) I have considered the arguments advanced before me and carefully gone through the material available on record.