Mohan Lal vs State And Ors

Petitioner has preferred this misc. petition under Section 482 of Cr.P.C. claiming the following relief :-

"It is, therefore, most respectfully prayed that this misc. petition may kindly be allowed and the criminal regular case No.114/2016 (State Vs. Mohan Lal) pending before the special Additional Chief Judicial Magistrate, (PCPNDT Cases) udaipur may kindly be drooped on the basis of compromise arisen between the parties."

The first fact noted by this Court is that the learned trial court has verified and accepted the compromise between the parties to the extent of Section 341, 323 and 354 of IPC but has not accepted the same in relation to the offence under Section 326 of IPC.

The petitioner and respondent No.2 vehemently submit that it was a dispute between two neighbours and mutual compromise has been arrived between them, which was also accepted by learned court below in respect of three offences out of four offences alleged, and therefore, it will be a futile exercise and waste of energies of the learned courts and the system as well, looking into the peculiar facts of the case.

Learned Public Prosecutor has however, vehemently opposed the prayer regarding acceptance of compromise pertaining to Section 326 of IPC on account of the fact that it is punishable by 10 years imprisonment and thus, would not be covered under the precedent law rendered by the Hon'ble Apex Court in the case of Gian Singh V/s. State of Punjab & Anr. [(2012) 10 SCC 303] and Narinder Singh & Ors. Vs. State of Punjab & Anr., reported in 2014 (6) SCC 466.

After hearing learned counsel for the parties and perusing the record of the case as well as precedent law cited at the Bar, this Court finds that there was an altercation between the petitioner and respondent No.2 and the allegation is that the petitioner stopped respondent No.2 and tried to cut her thumb with a knife and also charge her with a lathi. It is noted by this Court from the record that there is no serious injury sustained by the complainant. This Court also notes that the incident pertains to a dispute between two sensible persons which, in all probabilities, can be resolved.

In view of compromise arrived at between the parties as well as the aforementioned order dated 25.09.2017 of the learned court below and applying the ratio in decision of Gian Singh Vs. State of Punjab & Anr. (supra), this Court deems it just and proper to invoke its inherent powers under Section 482 Cr.P.C.

Accordingly, the present misc. petition is allowed and the petitioner is discharged of the offence under Section 326 of IPC as well, in relation to Criminal Regular Case No.114/2016 pending before learned Special Additional Chief Judicial Magistrate (PCPNDT Cases) Udaipur qua the petitioner.