BIJU MATHEW AND ANR. Vs. STATE OF RAJASTHAN AND ANR.
LAWS(RAJ)-2010-11-210
HIGH COURT OF RAJASTHAN
Decided on November 02,2010

Biju Mathew And Anr. Appellant
VERSUS
State Of Rajasthan And Anr. Respondents

JUDGEMENT

Mohammad Rafiq, J. - (1.) The instant criminal misc.petition under Section 482 Cr.P.C. seeks quashing of criminal proceedings pending before the Court of learned Additional Chief Judicial Magistrate No.12, Jaipur City, Jaipur in Criminal Case No.200/2010 against the accused-petitioners for offence u/Ss. 336 and 427 IPC, on the basis of compromise having been arrived at between the accused-petitioners and complainant-respondent No.2. Consequently said offences may be compounded, maximum punishment of which, is three years.
(2.) Learned counsel for the accused-petitioners has submitted that the parties have arrived at therefore, order taking cognizance/framing charge against the accused-petitioners and criminal proceedings pursuant thereto pending before the trial court be quashed. In support of his argument, he has placed reliance on the judgment of Apex Court in Nalini Shankaran and Ors. v. Neelkanth Mahadeo Kamble and Ors., 2007(2) Crimes 329 (SC) to argue that continuance of proceedings will be sheer abuse of process of law and complaint proceedings were liable to be quashed.
(3.) Learned Public Prosecutor has opposed the petition.;


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