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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.