HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
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,
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
For Petitioner(s) : Mr. Amit Punia
For Respondent(s) : Mrs. Meenakshi Pareek, PP
Mr. Kamlendra Sihag, for the complainant-
HON’BLE MR. JUSTICE DEEPAK MAHESHWARI
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)
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
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)
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