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Judgment
The instant misc. petition has been filed seeking quashing of the proceedings of the Cr. Case No.628/2017 pending in the Court of learned Additional Chief Judicial Magistrate No.3, Udaipur on the basis of a compromise arrived at between the accused petitioner and the complainant.
The learned counsel representing the respective parties have submitted that the parties have settled their disputes and thus, the proceedins going on in the trial court should be quashed.
They submit that an application for termination of the proceedings through a mutual compromise was filed in the Court
below. The trial Court vide order dated 23.11.2017 has accepted the said application to the extent of offence under Section 420 I.P.C. only.
On going through the charge-sheet and the FSL report procured by the Investigating Officer, it is clear that the handwriting expert could not express any opinion regarding the genuineness or otherwise of the disputed signature.
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.628/2017 pending in the Court of learned Additional Chief Judicial Magistrate No.3, Udaipur are hereby quashed. Stay petition is also disposed of.