G.K.SHARMA, J. - (1.) THIS petition Under Section 482 Cr.P.C. is directed against the Order dated 18 -1 -1989 and 19 12 -75 passed by the Judicial Magistrate, No. 2, Jaipur Distt. Jaipur in criminal case No. 743/79 under Section 16/54 of the Excise Act.
(2.) A report was lodged by Excise Inspector on 28 -1 -75 against the petitioner alleging that he was having 2 bottles of liquor in his possession. On this report a case was registered. The petitioner on 26 -2 -75 moved an application (that be is ready to pay Rs. 200/ - as composition amount and permission be granted to compound the matter. The then District Excise Officer passed the following Order: fu;ekuqlkj dEikm.M djus dh fn'kk es dk;Zokgh djs jde tek gksus rd On perusing the certificate issued by the DEO. it seems that the -petitioner had deposited Rs. 100/ - towards the compound money on 19 12 -75. The challan was submitted against the petitioner on 19 -12 -75 in the Court of Judicial Magistrate and the case is still pending The petitioner submitted an application to the Excise Officer on 6 -1 -89 mentioning that he has already deposited the compounding money, therefore, (be challan pending in the Court, be withdrawn. Similar application was also moved by him on 26 -11 -88. the department did not move any application for withdrawing the challan. Against order dated 178 -1 -1989 and 19 -12 -l915 passed by Judicial Magistrate No. 2, Jaipur District Jaipur The petitioner then moved an application in the trial Court praying that the case has been compound and now there is no need to prosecute him and requested to cancel the warrant of arrest. The application was rejected. Aggrieved by this order this order this present petition has been preferred. The District Excise officer is present in court today and he has explained the facts of this case. The application which was submitted by the petitioner agreed to compound the matter for Rs. 200/ - was shown and 1 have perused the application as well as the endorsement made on that application by the Distt. Excise Officer. After heating the facts of this case it is not disputed that before filing the challan the matter for compounding the case had taken place between the petitioner and the department. Prior to the amendment Order 1976, the Distt. Excise Officer was empowered to compound such cases. In view of that power in the Year 1975 on the request of the petitioner, the Excise Officer agreed to compound the matter. The petitioner agreed to pay Rs. 200 as composition money in view of compounding the case. The endorsement indicates that the department also agreed to compound the matter if composition amount is deposited. Though the endorsement is not clear to compound the case but this indicates that the petitioner agreed to pay Rs. 200/ - as composition money and if the amount is not deposited with the department then the direction of the Excise Officer is to proceed accordingly or take necessary action. What necessary action? The action was that he did not deposit the full money and this is the reason that on 19 -12 -75, challan was submitted. Now the point is whether at this stage in the year 1989 can the petitioner be permitted to deposited the remaining compound money with the department and can the department is empowered to withdraw the challenge. The incident is of the year 1975 and the case is pending in the year 1989. The petitioner is willing to pay to deposits the remaining Rs. 100 and looking to the fact that this case relates to the possession of two bottles only and pending since 197 5, it with not be in the interest of justice if the proceedings continued in the year 1989 and it cannot be said that when the proceedings will be come to an end in the lower Court and indirectly there would be harassment to the petitioner, so in the peculiar circumstances of the case and fact that the matter was actually compounded with the department it is directed that the petitioner should deposit Rs. 100 with the department and after depositing this amount, the proceedings pending in the Court of Judicial Magistrate, No. 2, Jaipur District Jaipur, shall come to end.
(3.) WITH the observation it is directed that on showing the receipt to the trial Court about depositing Rs. 100 with the department the proceedings in the Court shall stand quashed.;