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2021 Supreme(Raj) 1059

SATISH KUMAR SHARMA
Devendra Meena – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Rajveer Singh Jat, Advocate
For the Respondents:Pawan Sharma, Advocate and F.R. Meena, P.P.

JUDGMENT :

Satish Kumar Sharma, J.

1. The Petition has been filed under Section 482 Cr.P.C. for quashing of criminal proceedings pending against the petitioner in Criminal Case No. 2628/2017 pending in the Court of Additional Civil Judge cum Metropolitan Magistrate No. 30, Jaipur Metropolitan for the offence under Section 380 IPC on the basis of compromise entered between the parties.

2. Heard learned counsel for both the sides and perused the material made available on record.

3. Learned counsel for the petitioner submits that the compromise has been arrived at between the parties. On the basis of compromise, the petitioner has been acquitted of the charge under Section 411 IPC, but the trial has been directed to be continued for remaining offence under Section 380 IPC. There is no criminal antecedent of the petitioner. Therefore, proceedings of the criminal case should be quashed in view of legal position expounded in Gian Singh vs. State of Punjab & Another [(2012) 10 SCC 303].

4. Learned counsel for the complainant has prayed for quashment of proceedings in this case on the basis of compromise.

5. Learned Public Prosecutor submits for appropriate orders.

6. As per settled legal positi

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