MANISH JOD 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 FIR No.446/2019 dt. 22.09.2019 registered at Police Station Ratanada, District Jodhpur City East for the offence under Sections 323, 341, 427 and 34 IPC and Section 3(2)(VA) SC/ST Prevention of Atrocities) Act, qua the petitioner.

(2.) Learned counsel for the petitioner has submitted 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, 341, 427 and 34 IPC and Section 3(2)(VA) SC/ST Prevention of Atrocities) 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. A copy of the compromise has been placed on record. 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, 341, 427 & 34 IPC and Section 3(2)(VA) SC/ST Prevention of Atrocities) Act.

(3.) The Hon'ble Apex Court while answering a reference in the case of Gian Singh Vs. State of Punjab and Anr. reported in JT 2012(9) SC - 426 has held as below:-