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Judgment
The instant misc. petition has been filed seeking quashing of the proceedings of the Cr. Case No.436/2019 pending in the Court of learned Judicial
Magistrate First class No.2, Udaipur for the offence under Section 452 of the I.P.C. on the basis of the compromise.
Both the learned counsel for the parties submit that the complainant and the petitioners have entered into a compromise and have settled their dipsutes
and thus, the proceedings 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 17.1.2020 has accepted the said application for the offences under Sections 427, 341, 323, 34 of the I.P.C. and has compounded the
proceedings to that extent. So far as the offence under Section 452 of I.P.C. is concerned, the proceedings were ordered to continue by the trial court.
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 petitioners 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.436/2019 pending in the Court of learned Judicial Magistrate First
Class No.2, Udaipur for the offence under Section 120B of the I.P.C. are hereby quashed.
Stay petition is disposed of.