CHANDA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This Criminal Misc. Petition under Section 482 Cr.P.C. has been filed by the petitioner with a prayer that the proceedings in Criminal Case No. 399/2012 pending in the court of Judicial Magistrate No. 2, Udaipur City (North), District Udaipur (hereinafter referred to as 'the trial court') arising out of FIR No. 279/2012 dated 18.05.2012 of Police Station, Hiran Magri, District Udaipur may kindly be quashed and set aside.

(2.) It is submitted by learned counsel for the petitioner that on the complaint filed on behalf of the respondent No. 2 before the trial court, the same was forwarded to the Police Station, Hiran Magri, District Udaipur under Section 156(3) Cr.P.C., on 18.05.2012 the police has registered the FIR No. 279/2012 against the petitioner and other co-accused persons for the offences punishable under Sections 406, 420, 498-A, 109 and 323 IPC. It is further contended by learned counsel for the petitioner that during the course of investigation, compromise was arrived at between the respondent No. 2 and petitioner and other co-accused persons and when the investigating agency has not considered the same, the other co-accused persons approached this Court. On the basis of compromise arrived at between the parties, this Court on 20.07.2012 in S.B. Criminal Misc. Petition No. 1645/2012 quash the FIR No. 279/2012 of Police Station, Hiran Magri, District Udaipur for the offence punishable under Sections 406, 420, 498-A IPC against the co-accused persons who approached this Court. However, the trial court has dropped the proceedings against other co-accused persons but the proceedings against the petitioner are continued.

(3.) Learned counsel for the petitioner has argued that since the dispute has already been amicably settled between the parties the proceedings pending against the petitioner may kindly be quashed.