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MANOJ KUMAR GARG
Khetpuri – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. Instance misc petition under Section 482 Cr.P.C. has been filed by the petitioners for quashing and setting aside of the judgment of conviction dated 16.09.2017, passed by learned Judicial Magistrate, Balesar, District Jodhpur on the basis of compromise arrived at between the parties.
2. Learned counsel for the petitioners submits that the learned trial court vide judgment dated 16.09.2012 convicted and sentenced the petitioners for offences under Sections 323 , 365, 379, 451 IPC. Against their conviction, the petitioners filed an appeal before the learned Sessions Judge, Jodhpur, which is pending consideration. Counsel submits that during the pendency of the appeal, the petitioners and respondent No. 2-complainant have entered into a compromise in the spirit of Lok Adalat. Therefore, it is prayed that the petitioners' conviction may be quashed and set aside and they may be acquitted for the aforesaid offences on the basis of the compromise arrived at between the parties.
3. Learned counsel for the respondent No. 2 has submitted that the respondent No. 2 has no objection if the conviction of the petitioners for offence under Sections 323 , 365, 379, 451 IPC is set aside.
4
The court affirmed that compromises post-conviction do not automatically quash convictions for non-compoundable offenses, but may be considered in appeals.
Non-acceptance of compromise would also lead to denial of complete justice which is very essence of our justice delivery system.
A compromise between convict and complainant does not automatically quash a conviction under non-compoundable offences; judicial discretion is exercised only in rare cases to prevent abuse of justice....
The power of the High Court to quash criminal proceedings in exercise of its inherent jurisdiction must consider the nature and gravity of the crime, the impact on society, and the possibility of con....
The main legal point established in the judgment is the need for caution and sparing use of the High Court's power to quash criminal proceedings under Section 482 Cr.PC, especially in cases with a pr....
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