GHASI LAL AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioners have filed this petition under Sec. 482 Cr.PC with a prayer to quash criminal Proceedings in case No. 43/85 pending in the Court of learned Munsiff and Judicial Magistrate, Gangapur City.

(2.) It appears that some incident of Mar-pit had taken place between the parties on 13.12.84 and a report was made by Ram Prakash against the petitioners at Police Station, Garhmora, district Sawaimadhopur. The case was registered under Sections 147, 452, 324 and 382 IPC. On 24.1.94, the complainant and the accused persons moved an application before the learned Magistrate to the effect that they have compromised the offences and the complainant did not intend to prosecute the case. On the basis of the aforesaid compromise the learned Magistrate discharged the petitioners for the offence under Sections 323 and 324 Penal Code as they were compounded. However, the offences under Sections 147, 452 and 382 Penal Code being non- compoundable, the matter is going on.

(3.) It is contended by the learned counsel that the members of the accused party and the complainant party are neighbours and the incident took place on a trivial matter in which the members of both the parties had sustained injuries. It is also contended that there are cross cases and in order to maintain good relations as neighbourers and to live amicably and peacefully they have settled all their disputes amicably and a compromise petition was also also filed in both the criminal cases. In the cross case, all offences being compoundable the accused were discharged. It is also contended that about 91/2 years have passed since the commission of the offence but, still no progress has been made. Learned counsel further contended that the petitioners Mst. Chauthi and Mst. Lali are women. Learned cpunsel appearing for the injured-complainant agrees that the parties are living amicably and peacefully and they have settled all their disputes. He also contends that continuation of criminal proceedings between the parties may again strain the relations which is not in the interest of any of the parties. Learned counsel for the complainant also agrees that a compromise petition was filed by the complainant in which he has expressed his desire not to prosecute the present criminal case.