KUSHAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner, who stands convicted in the trial for the FIR No.223/2013 registered at Police Station Dhambola, Distt. Dungarpur, has come up before this Court under Sec. 482 Cr.P.C. for quashing the judgment of conviction, sentence, charges, and the FIR, based on the compromise with the victim.

(2.) Learned counsel for the petitioner submits that the learned Judicial Magistrate, Simalwara, Distt. Dungarpur convicted and sentenced the petitioner for offence under Ss. 457, 354-(A) (2), 354-(G) of IPC vide judgment dt. 27/3/2019. The petitioner preferred an appeal before the court of learned Additional Sessions Judge, Dungarpur. During the pendency of the appeal, an application was moved by the parties seeking compound the offences but the same was dismissed by the learned appellate Court vide order dt.21/9/2022, which is bad in eye of law. Learned counsel for the respondent No.2 has submitted that the respondent No.2/complainant has no objection if the conviction of the petitioner for offence under Ss. 354(A)(2), 354(G) IPC is set aside.

(3.) I have considered the arguments advanced before me and carefully gone through the material available on record. Admittedly, the parties have entered into a compromise and the question before this court is whether the power under Sec. 482 Cr.P.C. can be exercised for quashing of prosecution/ conviction upon compromise between the convict and the complainant.