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Judgment
Heard.
By way of the instant misc. petition under Section 482 Cr.P.C., the petitioners herein have approached this Court for challenging the order
dated 23.01.2018 passed by the learned Judicial Magistrate, Ladnun, District Nagaur in connection with Criminal Case No.219/2017 whereby,
the learned Magistrate refused to verify the compromise arrived at between the parties in a case involving the offences under Section 153A and
295A IPC and Section 67 of the I.T. Act.
Learned counsel Shri J.K. Suthar representing the petitioners and Shri Dinesh Choudhary, learned counsel representing the respondent No.2
complainant urged that the parties have genuinely arrived at a compromise and the verification thereof would have restored the faith of two
communities in each other and thus, the trial court was not justified in rejecting the compromise application on the ground that the offences alleged
are not compoundable.
Learned Public Prosecutor, on the other hand, has opposed the submissions advanced by the learned counsel representing the parties.
I have given my thoughtful consideration to the arguments advanced at Bar and have perused the impugned order and have respectfully
considered the law laid down by Hon''ble the Supreme Court in the case of Gian Singh Vs. State of Punjab & Anr. reported in JT 2012(9) SC-
426.
True it is that the offences alleged are not compoundable but the same relate to creation of hatred between two sections of society owing to
some offensive post. As both parties to the dispute have decided to resolve their differences amicably, manifestly, accepting the compromise
application and dropping the proceedings would achieve the goal of restoring harmony amongst two litigant fractions.
Consequently, this Court feels that the circumstances do warrant inference of this Court''s inherent powers under Section 482 Cr.P.C. so as to
quash the impugned order and to drop the proceedings pending against the petitioners in the trial court on the strength of the mutual compromise.
Accordingly, the instant misc. petition is allowed. The impugned order dated 23.01.2018 passed by the learned Judicial Magistrate, Ladnun,
District Nagaur is hereby set aside. All further proceedings of the Criminal Case No.219/2017 against the petitioners pending in the court of
Judicial Magistrate, Ladnun, District Nagaur are hereby quashed.