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(1) Whether petition filed under Section 482 of the Code of Criminal Procedure 1973 is liable to be accepted as mentioned in memorandum of grounds of petition relating to criminal offence of punishable under section 279 IPC which is criminal offence against general public?. (2) Final Order.

5. rt Findings upon point No.1 with reasons.

Submission of learned Advocate appearing on behalf of petitioner that the case has been compromised interse parties and on the basis of out of court settlement annexure P3 dated 17.12.2015 executed between complainant Sh Shiv Thakur and accused Madan Lal petition be allowed is rejected being devoid of any force for the reasons hereinafter mentioned. Court is of the opinion that accused is facing accusation qua criminal offence punishable under section 279 IPC. It is held that criminal offence under section 279 IPC is always committed upon public way. It is held that offence under section 279 IPC is not personal criminal offence but is a criminal offence against public at large. It is held that section 279 IPC is incorporated in Indian Penal Code in order to protect public at large upon public way. Even section 279 IPC is non-

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compoundable offence as per section 320 code of criminal procedure 1973. Criminal offences under section 279 are increasing day by day upon public way causing endanger to human life. Hon'ble Apex Court of India has held that High of Court should not grant permission to compound criminal cases which are against public at large. In view of the fact that criminal offence punishable under section 279 IPC is a rt criminal offence against society at large court is of the opinion that it is not expedient in the ends of justice to allow petition. See JT 2014 (4) SC 573 title Narinder Singh and others Vs State of Punjab and another. Hon'ble Apex Court of India held that following criminal cases should not be allowed to be compromised on the basis of out of court settlement while exercising inherent powers under Section 482 code of criminal procedure. (1) Murder criminal case (2) Rape criminal case (3) Dacoity criminal case (4) Prevention of Corruption Act case (5) 307 IPC case. (6) Criminal offence against society. It is well settled law that law laid down by Hon'ble Apex Court of India is binding upon all courts as per Article 141 of Constitution of India. It is well settled law that after filing charge sheet FIR could not be quashed. See 2015 (2) Him.L.R.1095 title Nancy Bhatt and another Vs. State of .

Himachal Pradesh. See 1994 SCC (Crime) 500 State of Punjab Vs. Dharam Vir Singh Jethi. See 1996 (2) SCC 199 title Vineet Narain Vs. Union of India. See 1999 (6) SCC 354 title Anukul Chandra Pradhan Vs. Union of India. See 2011 of (12) SCC 302 title Jakia Nasim Ahesan and another Vs. State of Gujarat and others. In view of above stated facts and in view of the fact that criminal offence under section 279 IPC is rt criminal offence against society at large and not personal criminal offence it is not expedient in the ends of justice to allow petition. Point No.1 is answered in negative.