KAILASH CHAND MEENA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is a petition under Sec. 482 Crimial P.C. wherein the accused who was facing trial for the offence under Sections 323, 342 and 379 I.P.C. had absconded during trial and as a result he was declared as a proclaimed offender. As a result of which the learned Magistrate passed an order on 17.4.1998 for initiation of the proceedings under Sec. 83 Crimial P.C. In this petition, the petitioner has prayed for quashing of the order dated 17.4.1998.

(2.) Along with the petition a miscellaneous application under Sec. 482 Crimial P.C. has been jointly filed by the accused Kailash Chand Meena supported by an affidavit of himself and an affidavit of Lotan Singh, the complainant along with the compromise deed. The compromise deed reads as follows :

(3.) As per the aforesaid compromise which has been signed by both the parties who have been identified by their respective counsel, learned counsel for the parties submit that in the light of the provisions of Sec. 320 Crimial P.C. since the offence under Sections 323 and 342 I.P.C. are compoundable under subsection (1) and the offence under Sec. 379 I.P.C. is compoundable under subsection (2) of Sec. 320 Crimial P.C., parties may be permitted to compromise the matter in the light of the above compromise.