SHARAFAT ALI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal misc. petition under Section 482 Cr.P.C. has been preferred by the petitioner for quashing of proceedings in Criminal Regular Case No.5/2017 arising out of FIR No.266/2016 registered at Police Station Sardarpura, Jodhpur on the ground of compromise.

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

(3.) Learned counsel for the respondents No.2 and 3 have admitted that the parties have already entered into compromise and resolved their dispute amicably and the respondent No.2 does not want to press the charges levelled against the petitioner in relation to offences punishable under Sections 420 and 406 IPC. The Hon'ble Apex Court while answering a reference in the case of Gian Singh Vs. State of Punjab & Anr. reported in JT 2012(9) SC - 426 has held as below:-