HAMER LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS criminal misc. petition under Section 482 Cr.P.C. has been preferred by the petitioner with the prayer for quashing the proceedings pending against the petitioners before the learned Additional Chief Judicial Magistrate No. 2, Udaipur (hereinafter referred to as the trial court') in Criminal Regular Case No. 70/2012, whereby the trial court has attested the compromise for the offences punishable under Section 420 IPC but refused to attest the compromise for the offences punishable under Sections 467, 468, 471 and 120 -B IPC as the same are not compoundable.

(2.) BRIEF facts of the case are that on a complaint lodged at the instance of respondent Nos. 2 to 8 against the petitioners with the allegation of preparing the false and fake documents, the charge -sheet has been filed, after completion of investigation, against the petitioners for the offences punishable under Sections 420, 467, 468, 471 and 120 -B IPC in the trial court, wherein the trial is pending against the petitioners for the aforesaid offence. During the pendency of the trial, an application was preferred on behalf of the respondent Nos. 2 to 8 while stating that the petitioners and the respondent Nos. 2 to 8 have entered into compromise and, therefore, the proceedings pending against the petitioners may be terminated. The learned trial court vide order dated 14.11.2013 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, 471 and 120 -B IPC.

(3.) LEARNED counsel for the petitioners has argued that as the complainant -respondent Nos. 2 to 8 and the petitioners have already entered into compromise and on the basis of it, the petitioners have already been acquitted for the offence punishable under Section 420 IPC, there is no possibility of conviction of the petitioners for the offences punishable under Sections 467, 468, 471 and 120 -B IPC. It is argued that no useful purpose would be served by continuing the trial against the petitioners for the offences punishable under Sections 467, 468, 471 and 120 -B IPC because the same may derail the compromise arrived at between the parties.