- (1.) Quest for justice has propelled the accusedpetitioner to invoke extra-ordinary inherent powers of this Court enshrined under Section 482 Cr.P.C. with a view to seek redressal of his grievance.
(2.) Petitioner has assailed impugned order dated 26th of August, 2016 passed by Additional Chief Judicial Magistrate Devgarh, District Rajsamand (for short, 'learned trial Court') and entire proceedings of Criminal Case No.411/2015. For craving desired reliefs, the petitioner has placed heavy reliance on compromise being arrived at between him and respondents No.2, complainant as well as respondents No.3 & 4, other victims. The learned trial Court by the order impugned has declined to compound offence attributed to the petitioner by citing embargo envisaged under Section 320 Cr.P.C., inasmuch as the offence aforesaid is not compoundable with or without permission of the Court within the four corners of aforesaid provision of Cr.P.C. Succinctly stated the facts of the case are that respondent No.1 lodged FIR against three unknown persons with specific allegation of committing robbery in furtherance of common intention. It was specifically alleged in the FIR that accused persons have inflicted injuries by using lathis on the complainant accompanied by two other victims and robbed them by taking away a sum of Rs.41,250/-. The SHO of the Police Station concerned registered FIR No.234/2015 on 4th of July, 2015 and proceeded for investigation. Upon completion of the investigation, charge-sheet is filed against the petitioner and two others for offence under Section 394/34 IPC. When the trial before the learned trial Court against the petitioner and other accused-persons was in progress private respondents and the petitioner sorted out their dispute and a written compromise is submitted for consideration of the learned trial Court. The rival parties have stated in the compromise that the same has been arrived at between them by inspiration of Lok Adalat. The learned trial Court, after considering the compromise, by its impugned order dated 26th of August, 2016 declined to verify the same and posted the matter for recording evidence of the prosecution.
(3.) When the efforts made by the petitioner and the private respondents proved abortive before the learned trial Court, a written compromise duly signed by all the parties is also submitted before this Court, which is part of the record. The recitals contained in the written compromise submitted before this Court in reads as under:- 1641933-2;