MADHU SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS misc. petition u/s. 482 Cr.P.C. has been filed for modification of the order dated 17/05/2014 (Ann. 5) passed by the Metropolitan Magistrate No. 11, Jaipur Metropolitan, Jaipur and also for quashing and setting aside entire proceedings arising out of Criminal Case No. 81/2011 (State Vs. Madhu Sharma & Ors.) on the basis of compromise.

(2.) THE facts giving rise to the filing of this petition in brief are that complainant -respondent No. 2 submitted a criminal complaint against the petitioners for offence u/ss. 420, 467, 468, 471 and 120B IPC, which the court below has sent to the Police Station Vaishali Nagar, Jaipur u/s. 156(3) Cr.P.C. for investigation. Consequently, the first information report being FIR No. 90/2010 came to be registered against the petitioners at the same police station for the aforesaid offences. Petitioners are facing trial in Criminal Case No. 81/2011 in the court of Metropolitan Magistrate No. 11, Jaipur Metropolitan, Jaipur for the aforesaid offences. Thereafter, the parties entered into compromise as petitioners paid a sum of Rs. 7,00,000/ - to the complainant and consequently, complainant -respondent No. 2 submitted an application/compromise in the said court on 17/05/2014 (Ann. 2) for attesting the compromise for offences u/ss. 420, 467, 468, 471 and 120B IPC. Though, the court below has attested the compromise for offence u/s. 420 IPC but declined to attest the compromise for rest of the offences viz. 467, 468, 471 and 120B IPC, vide order dated 17/05/2014 (Ann. 5). Hence, this petition.

(3.) BOTH the parties are present in person in token of the compromise having been taken place between them. They have also appended their signatures in the court file and have been identified by their respective counsel.