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Judgment
Subhash Kakade, J.—Heard. This petition u/s 482 of Cr.P.C. is preferred by the petitioner for quashing the criminal proceedings instituted against him by the respondent under Sections 409, 467 and 468 of IPC registered at Police Station-Kotwali, Burhanpur, and consequent criminal proceedings in Sessions Trial No. 59/11 pending before Ist ASJ (Fast Track Court), District-Burhanpur.
Learned Sessions Court vide Order dated 16.08.12 compounded the matter u/s 320(2) of the Cr.P.C. with regard to Section 420 of the IPC which is compoundable, but further ordered that Sections 409, 467 and 468 of the IPC are non-compoundable, therefore, the trial will continue regarding these sections.
In these circumstances, there is no need to call complainant Ajay Gupta because he was very much present before the learned Sessions Court and the learned Ist ASJ has considered his request for compromise with the petitioner. It is also pertinent to mention here that deposition sheet of statement of complainant Ajay Gupta is filed which was recorded on 30.08.12.
Looking to the contradictions, omissions and exaggerations in the statement of complainant Ajay Gupta, recorded during cross-examination, it is submitted by learned counsel for the petitioner that the conviction cannot be based on contradictions, omissions and exaggerations.
Learned PL appearing for the respondent/State has not opposed the submissions made by the counsel for the petitioner regarding compromise.
It has been ruled by the Apex Court in Shiji @ Pappu and Others Vs. Radhika and Another, that where there is no chance of recording conviction against the accused persons and the entire exercise of trial is destined to be exercise of futility, the criminal case registered against the accused persons though it may not be compoundable can be quashed by the High Court in exercise of powers u/s 482 of Cr.P.C.
In view of the foregoing and having regard to the factum of compromise arrived at between the parties and in the light of law laid down by the Apex Court in Shiji @ Pappu and others vs. Radhika and Anr. (supra), the criminal proceedings pending against the petitioner under Sections 409, 467 and 468 of IPC registered at Police Station-Kotwali, District-Burhanpur, and the consequent criminal proceedings pending in ST No. 59/11 (State of M.P. vs. Santosh) before Ist Addl. Sessions Judge (Fast Track Court), Burhanpur are ordered to be quashed. The petition is allowed accordingly.