KAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS Criminal Misc. Petition has been preferred by the petitioner against the order dated 01.02.2014 passed by the Additional Chief Judicial Magistrate No.5, Jodhpur Metropolitan (for short 'the trial court' hereinafter) in Criminal Case No.776/2013 - State of Rajasthan Vs. Kan Singh, whereby the trial court while granting permission for compounding the offences punishable under Section 420 IPC and refused to grant permission for compounding the offence punishable under Sections 467, 468 and 471 IPC.

(2.) DURING the pendency of the trial, an application was preferred on behalf of the respondent No.2 while stating that both the parties have entered into compromise and, therefore, the permission for compounding the offences punishable under Sections 420, 467, 468 and 471 IPC. The learned trial court, vide order dated 01.02.2014, allowed the parties to compound the offence punishable under Section 420 IPC, however, rejected the application so far it relates to compounding the offences punishable under Sections 467, 468 and 471 IPC.

(3.) THE learned counsel for the petitioner has argued that the complainant -respondent No.2 and the petitioner have already entered into the compromise and on the basis of it, the petitioner has already been acquitted from the offence punishable under Section 420 IPC, therefore, there is no possibility of conviction of the petitioner for the offences punishable under Sections 467, 468 and 471 IPC. It is also argued that no useful purpose would be served by continuing the trial against the petitioner for the offences punishable under Sections 467, 468 and 471 IPC because the same may derail the compromise arrived at between the parties.