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MADHYA PRADESH HIGH COURT
S. K. Seth, J.
Raju @ Rajkumar v. State of M.P.
Miscellaneous Criminal Case No.3623 of 2015 (J);
Decided on 4.1.2016.*
naM izfØ;k lafgrk] 1973 & /kkjk 320¼2½] 320¼8½ rFkk 482 & naM lafgrk] 1860 & /kkjk 279] 337 rFkk 304d & vkosnd vkSj ifjoknh i{k us U;k;ky; ds ckgj vius ekeys dk ijLij fuiVkjk dj fy;k & jftLVªkj ¼U;kf;d½ }kjk fuiVkjk lR;kfir & vfHk;qDr ds fo#) nks"kflf) vfHkfyf[kr djus dh laHkkouk ugha & vijk/k 'keu djus ds fy, vkosnu eatwj fd;k x;kA ¼iSjk 2 ,oa 4½
1. The applicant Raju @ Rajkumar is facing a criminal trial for the offences punishable under sections 279, 337 and 304A of the IPC. During the pendency of the trial, parties had arrived at a compromise and filed necessary application in that behalf before the trial Court. The trial Court simply on the ground that offence under sections 279 and 304A of the IPC has been registered refused to exercise the discretion in favour of the applicant. Hence, this petition under section 482 of CrPC for quashing the order dated 27.10.2014 and passing appropriate order as per the rule in Criminal Case No.20/2012 pending in the trial Court State of M.P. v. Raju @ Rajkumar.
2. On 28.10.2015, this Court directed the parties to remain present before the Registrar (Judicial) on 2.12.2015. On 2.12.2015, parties appeared before the Registrar (Judicial) and according to this, the applicant and the complainant party have mutually settled their matter out of Court. This out of Court settlement has been verified by the Registrar (J-I).
3. On 4.12.2015, none appeared for the complainant, therefore, the case was adjourned for four weeks and that is how matter has come before this Court.
4. It is now well settled that section 482 of CrPC is not controlled by section 320 of the CrPC because the power is given to the High Court to be exercised in cases where is no chance of recording the conviction against the accused and the entire exercise of the trial would be an exercise in futility. Shiiji @ Pappu and others [2011(X) HCC 704], in view of this, I allow the application and compound the offences against the applicant.
5. The applicant shall stand discharged of all the offences in connection with Crime No.741/2011 registered at Police Station Mandla District Sagar.
6. The petition stands disposed of.
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