JAGDISH BENIWAL 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 Criminal Case No.101/2009 pending before Judicial magistrate No.5, Jodhpur Metropolitan arising out of FIR No.221/2008 registered at Police Station Mandore, Jodhpur for offence under Sections 323, 427/34 and 394 IPC.

(2.) Learned counsel for the petitioner has argued that the complainant-respondent No.2 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 323, 427/34 and 394 IPC. It is also argued that no useful purpose would be served by continuing the trial against the petitioner for the aforesaid offences because the same may derail the compromise arrived at between the parties.

(3.) Learned counsel for the respondent No.2 has 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 323, 427/34 and 394 IPC.