Dalip Singh, J. - (1.) This is a petition under Section 482 Cr.P.C. wherein the accused who was facing trial for the offence under Sections 323, 342 and 379 I.P.C. had absconded during trial and as a result he was declared as a proclaimed offender. As a result of which the learned Magistrate passed an order on 17.4.1998 for initiation of the proceedings under Section 83 Cr.P.C. In this petition, the petitioner has prayed for quashing of the order dated 17.4.1998.
(2.) Along with the petition a miscellaneous application under Section 482 Cr.P.C. has been jointly filed by the accused Kailash Chand Meena supported by an affidavit of himself and an affidavit of Lotan Singh, the complainant along with the compromise deed. The compromise deed reads as follows : "The parties to the petition have finally settled the matter and the complainant Lotan Singh does not want to prosecute the case No. 933/1996 under Sections 323, 342, 379 I.P.C. lodged by him against Shri Kailash Chand Meena and Vijay Pal Singh who has Since died. In view of the compromise arrived between the complainant and accused-petitioner, the Hon'ble Court may quash the proceedings of the case No. 933/1996 pending adjudication before Civil Judge (Jr. Div.)-cum-Judicial Magistrate, First Class, Rajakhera, District Dholpur."
(3.) As per the aforesaid compromise which has been signed by both the parties who have been identified by their respective counsel, learned counsel for the parties submit that in the light of the provisions of Section 320 Cr.P.C. since the offence under Sections 323 and 342 I.P.C. are compoundable under subsection (1) and the offence under Section 379 I.P.C. is compoundable under subsection (2) of Section 320 Cr.P.C., parties may be permitted to compromise the matter in the light of the above compromise.;