ORDER (ORAL)
Mangal Singh Yadav, Janki Kushwah and Malkhan Singh Yadav, respondent No. 2 by Shri Rajiv Budholiya, Advocate.
Malkhan Singh Yadav, respondent No. 2 and Janki Kushwah are present in person and have been identified by Shri Rajiv Budholiya, Advocate.
With the consent of learned counsel for the parties, this petition is heard finally.
This petition under Section 482 of Cr.P.C has been filed by the petitioners for quashing the criminal proceedings instituted against them by the respondent No. 2, Malkhan Singh Yadav vide Crime No. 159/12 under Sections 394 of IPC, 11/13 of M.P.D.V.P.K Act and 25/27 of Arms Act registered at Police Station Goraghat, District Datia.
The quashment of criminal proceedings has been prayed by the petitioners on the ground of the compromise of the matter with the complainant being respondent No. 2, Malkhan Singh Yadav and witness, Janki Kushwah.
Shri Rajiv Budholiya, counsel for Janki Kushwah, Mangal Singh Yadav and Malkhan Singh Yadav, respondent No. 2 submits that on the instruction from his client both the parties have amicably settled the subject-matter of crime amongst themselves and he has no objection for dropping the criminal proceedings pending against the petitioners. In this regard complainant, Malkhan Singh Yadav and witnesse Janki Kushwah and Mangal Singh Yadav have submitted their respective affidavits dated 09.02.2013
Complainant/respondent No. 2, Malkhan Singh Yadav and witness, Janki Kushwah are present in person before this Court and submits that now all the disputes have been settled and they does not want to continue with the criminal case initiated against the petitioners and has no objection for dropping the criminal proceedings pending against them.
Learned Public Prosecutor submits that the offence under Section 25/27 of Arms Act is not compoundable.
The Supreme Court in Shiji @ Pappu v. Radhika, 2012 Cr.L.R (SC) 69, it has been ruled that where there is no chance of recording conviction against the accused persons and the entire exercise of a trial is destined to be exercise of futility, the criminal case registered against the accused persons though it may not be compoundable can be quashed by the High Court in exercise of powers under Section 482 of Cr.P.C
In view of the foregoing and having regard to the factum of compromise arrived at between the parties and in the light of law laid down by the Apex Court in the case of Shiji @ Pappu (supra), the criminal proceedings pending against the petitioner vide Crime No. 159/12 under Sections 394 of IPC and 11/13 of M.P.D.V.P.K Act registered at Police Station Goraghat, District Datia are ordered to be quashed.
This petition is disposed of accordingly.