ABDUL RASHID Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) THIS criminal misc. petition under Section 482 Cr.P.C. has been preferred by the petitioner with a prayer for quashing the proceedings pending before the Additional Chief Judicial Magistrate No. 1, Udaipur (hereinafter referred to as 'the trial court') in Criminal Regular Case No. 330/2011, whereby the trial court vide order dated 12.02.2015, has attested the compromise for the offences punishable under Sections 406 and 420 IPC but refused to attest the compromise for the offence punishable under Section 468 IPC as the same is not compoundable.

(2.) BRIEF facts of the case are that on a complaint lodged at the instance of respondent No. 2 against the petitioner, the charge -sheet has been filed against the petitioner for offence under Sections 406, 420 and 468 IPC in the trial court wherein the trial is pending against the petitioner for the aforesaid offences. During the pendency of the trial, an application was preferred on behalf of the petitioner as well as the respondent No. 2 while stating that both the parties have entered into compromise and, therefore, the proceedings pending against the petitioner may be terminated. The trial court vide order dated 12.02.2015 allowed the parties to compound the offence punishable under Sections 406 and 420 IPC, however, rejected the application so far it relates to compounding the offence punishable under Section 468 IPC.

(3.) LEARNED counsel for the petitioner has argued that as the complainant -respondent No. 2 and the petitioner have already entered into compromise and on the basis of it, the petitioner has been acquitted for the offence punishable under Sections 406 and 420 IPC, there is no possibility of conviction of the petitioner for the offence punishable under Section 468 IPC. It is also argued that no useful purpose would be served by continuing the trial against the petitioner for the offence punishable under Section 468 IPC because the same may derail the compromise arrived at between the parties.