UMMED Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal misc. petition under Section 482 Cr.P.C. has been preferred for quashing of the criminal proceedings pending against the petitioner for the offence under Section 92 of the Urban Improvement Trust Act before the court of Additional Chief Judicial Magistrate No. 2, Bikaner in Criminal Case No. 492/2015. Learned Magistrate vide order dated 28.06.2019 while partly allowing the application filed by the parties refused to compound the offence under Section 92 of the Urban Improvement Trust Act.

(2.) Learned counsel for the petitioner has argued that the complainant-respondent and the petitioner-accused have already entered into compromise and on the basis of it, there is no possibility of conviction of the petitioner for the offence punishable under Section 92 of the Urban Improvement Trust Act. 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 Public Prosecutor appearing for the respondent has admitted that the parties have already entered into compromise and resolved their dispute amicably and the respondent does not want to press the charges levelled against the petitioner in relation to offences punishable under Section 92 of the Urban Improvement Trust Act.