Mahesh Kumar vs State Of Raj And Anr on 7 February, 2018

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
S.B. Criminal Misccellaneous (Petition) No. 497 / 2018
Mahesh Kumar S/o Shri Badri Prasad B/c Jat, Aged About 35
Years, R/o Kankatau, Police Station Malsisar, District Jhunjhunu,
Raj.
—-Petitioner
Versus
1. State of Rajasthan Through PP.

2. Smt. Sheela Devi W/o Shri Chhatar Singh Gurjar B/c Gurjar,
Aged About 59 Years, R/o Bhiwadi Mod, Tehsil Tijara, District
Alwar, Raj.
—-Respondents

__
For Petitioner(s) : Mr. Amit Punia
For Respondent(s) : Mrs. Meenakshi Pareek, PP
Mr. Kamlendra Sihag, for the complainant-
non-petitioner
__
HON’BLE MR. JUSTICE DEEPAK MAHESHWARI
Order
07/02/2018

Heard learned counsels for both the sides as also

learned Public prosecutor.

This miscellaneous petition has been preferred on

behalf of the accused-petitioner to quash and set aside the

proceedings in Criminal Case No.232/2013 (State Vs. Mahesh)

pending before the Court of Judicial Magistrate, Bhiwadi, Alwar for

the offences under Sections 323, 354 and 456 IPC.

Learned counsel for the petitioner submits that at the

time when the alleged occurrence took place accused was residing

as tenant in the residential house rented by complainant Smt.
(2 of 3)
[CRLMP-497/2018]

Sheela Devi. On FIR No.231/2007 charge-sheet came to be filed

against the accused-petitioner for the offences under Sections

323, 354 and 456 IPC.

Learned counsel for the petitioner submits that during

the course of trial both the parties have entered into compromise

and the complainant, in view thereof, is not interested in

continuing the proceedings of the criminal trial. Compromise to

this effect has been submitted by both the sides before the trial

Court on 19.12.2017. Certified copy of this order dated

19.12.2017 has also been produced alongwith the compromise

application.

Counsel appearing for the respondent No.2 Smt. Sheela

Devi and her daughter Neelam, who is said to be victim in the

occurrence admits that Smt. Sheela Devi and Neelam both are not

interested in continuing the proceedings of criminal case as the

matter has been amicably settled between the parties.

Learned counsel for the petitioner relied on the

judgment Shiji @ Pappu Ors. Vs. Radhika Anr., reported in

2012 Cr.L.R. (SC) 69 wherein Hon’ble Apex Court has observed

that powers under Section 482 CrPC are not controled by the

provisions of Section 320 CrPC. Observing that the offence under

Section 354 IPC has been compromised between the parties and

therefore, no chance of recording conviction was there Hon’ble

Apex Court directed that powers under Section 482 CrPC can be

exercised to prevent abuse of process of law.

The facts and circumstances of the case in hand are

quite akin to the care relied upon by learned counsel for the
(3 of 3)
[CRLMP-497/2018]

petitioner. As the matter has been amicably settled between the

parties, there is no possibility of recording conviction against the

accused-petitioner and the entire exercise of criminal trial will be

mere futility and will tantamount to abuse of process of law.

In the circumstance, this Court feels inclined to

exercise power under Section 482 CrPC to quash and set aside the

proceedings pending before the Court of Judicial Magistrate,

Bhiwadi, Alwar in Criminal Case No.232/2013.

Accordingly, the miscellaneous petition is allowed and

the proceedings in Criminal Case 232/2013 pending before the

Court of Judicial Magistrate, Bhiwadi, Alwar is quashd and set

aside.

(DEEPAK MAHESHWARI)J.

Anand 32

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