BABLI S/O CHANNI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant criminal miscellaneous petition has been filed by the petitioners seeking quashment of the conviction of the petitioners recorded by the Judicial Magistrate, Nagar, District Bharatpur in Criminal Case No.104/2009 vide its judgment dated 16.02.2015, which is impugned in the Criminal Appeal No.1/2015 titled as Babli & Ors. Versus State pending before the Court of learned Additional District & Sessions Judge No.2, Deeg, District Bharatpur.

(2.) It is submitted by the learned counsel for the petitioners that the parties have settled their dispute amicably and submitted a compromise deed duly signed by all the parties with the learned Appellate Court on 22.05.2018 which was attested by the learned trial Court vide its order dated even qua the offences under Sections 323, 341 and 324 of IPC as the same were compoundable; but, refused to acknowledge the same qua the offence under Section 326 and 326/34 of IPC being not compoundable. It was contended by the learned counsel for the petitioners that this Court, under its extraordinary jurisdiction vide under Section 482 of CrPC, is empowered to quash the conviction of the petitioners under Section 326 and 326/34 of IPC also.

(3.) The learned Public Prosecutor opposed the prayer and submitted that the petitioners already stand convicted and prayer made by the learned counsel for the petitioners deserves to be rejected.