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Judgment
The instant misc. petition has been filed seeking quashing of the proceedings of the Cr. Case No.21555/2017 pending in the Court of learned
Metropolitan Magistrate No.3, Jodhpur Metro for the offence under Section 327 of the I.P.C. on the basis of the compromise.
Both the learned counsel for the parties have submitted that the parties have amicably settled their disputes in the spirit of Lok Adalat and thus, the
proceedings going on in the trial court should be quashed.
They submit that a combined application for termination of the proceedings through a mutual compromise was filed in the Court below. The trial Court
vide order dated 16.1.2019 has accepted the said application for the offences under Sections 341 and 323 of the I.P.C. and has compounded the
proceedings to that extent. So far as the offence under Section 327 of I.P.C. are concerned, the application has been rejected by the trial Court on the
ground that these offences are non-compoundable.
In this view of the matter and looking to the guidelines issued by the Hon'ble Apex Court in the case of Gian Singh Vs. State of Punjab & Anr.
reported in JT 2012(9) SC-426, it is apparent that further continuance of the proceedings going on against the petitioner in the learned trial Court
cannot be said to be expedient in the interest of justice. If the proceedings are allowed to continue, it may result into the compromise being unsettled.
Accordingly, the misc. petition is allowed and the proceedings of the Cr.Case No.21555/2017 pending in the Court of learned Metropolitan Magistrate
No.3, Jodhpur Metro for the offence under Section 327 of the I.P.C. are hereby quashed. Stay petition is disposed of.