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Judgment
This Petition has been filed under Section 482 Cr.P.C. for quashing of criminal proceedings pending against the petitioner in case No.237/2019, titled State Vs. Ashok Kumar & another in the court of Civil Judge & Judicial Magistrate Bandikui, District Dausa for offences under Sections 323, 147 and 452 IPC on the basis of compromise entered between the parties.
Heard learned counsel for both the sides and perused the material made available on record.
Learned counsel for the petitioner submits that the challan under Sections 147, 323 and 452 IPC was filed against the petitioner. On the basis of compromise arrived at between the parties, the petitioner has been acquitted of the charge under Section 323 IPC, but the trial has been directed to be continued for remaining offences of 147 and 452 IPC. Being personal dispute mainly of civil nature, it would be abuse of process if the trial is allowed to be continued. Hence to meet the ends of justice, the proceedings in this case deserve to be quashed.
Learned counsel for the complainant has prayed for quashment of proceedings in this case on the basis of compromise.
Learned Public Prosecutor submits for appropriate orders.
As per settled legal position expounded by the Hon'ble Supreme Court in State of Madhya Pradesh Vs. Laxmi Narayan [(2019)5 SCC 688] the criminal proceedings can be considered to be quashed on the basis of compromise under Section 482 CrPC in personal disputes. Therefore, having regard to the nature of dispute between the parties, the criminal proceedings pending against the petitioners for remaining offences under Sections 147 and 452 IPC deserve to be quashed.
Resultantly, the petition is allowed and the criminal proceedings pending against the petitioner in the above case are hereby quashed.