Rajasthan High Court
Harjosh Son Of Shri Navtej Singh vs State Of Rajasthan on 15 December, 2021
Bench: Inderjeet Singh
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 5792/2021
1. Harjosh Son Of Shri Navtej Singh, R/o L-241, Nar Vihar
Part-Ii, Sector 34, Police Station Sector-24, Noida (U.p.)
2. Smt. Kulvinder Kaur Wife Of Shri Navtej Singh, R/o L-241,
Nar Vihar Part-Ii, Sector 34, Police Station Sector-24,
Noida (U.p.)
3. Sudarshan Sharma @ Munna Son Of Shri Mohan Lal, R/o
Bhairu Gudadhi, Lalburj, Police Station Makbara, Kota
(Raj)
----Petitioners
Versus
1. State Of Rajasthan, Through Public Prosecutor
2. Dr. Cornel Sant Prakash Goraya Son Of Late Shri Amar
Singh Ji, R/o 157, Army Flat Sector-7, Mansha Devi
Complax, Panchkul (Hariyana)
----Respondents
For Petitioner(s) : Mr. A.K. Upman.
For Respondent(s) : Mr. S.S. Ola, P.P.
For Complainant Mr. Samarth Sharma.
HON'BLE MR. JUSTICE INDERJEET SINGH
Order
15/12/2021
1. Instant criminal Miscellaneous petition has been filed under
Section 482 Cr.P.C. for allowing the criminal appeal No.199/2017
pending in the Court of Additional Sessions Judge (Women
Atrocities Cases) No.2, Kota arising out of the judgment of
conviction and sentence dated 03.10.2017 passed by Additional
Chief Judicial Magistrate No.5, Kota in Case No.CIS-3614/2014
(old criminal case no.51/2012) convicting & sentencing the
(2 of 3) [CRLMP-5792/2021]
petitioners for the offences under sections 420, 467, 468, 471,
474, 120-B of IPC.
2. Counsel for the petitioners submits that the trial court
convicted and sentenced the petitioners no.1 & 2 for the offences
under sections 420, 467, 468, 471, 474, 120-B of IPC and the
petitioner no.3 for the offences under sections 420, 467, 468 &
120-B of IPC, vide judgment dated 03.10.2017, against which all
the petitioners filed appeal which is pending in the Court of
Additional Sessions Judge (Women Atrocities Cases) No.2, Kota.
During pendency of the appeal the parties have amicably settled
their dispute and on the basis of the compromise arrived at
between the parties, filed application for acquitting the petitioners
from the charges/offences under which they have been convicted
by the learned trial court, which was partly allowed by the learned
appellate court vide order dated 09.01.2020 acquitting all the
petitioners from the charge/offence under section 420 IPC and
now the offences under sections 467, 468, 471, 474 & 120-B of
IPC remain against the petitioners no.1 & 2 and the offences
under sections 467, 468 & 120-B of IPC remain against the
petitioner no.3. Counsel prayed that in view of the compromise
arrived at between the parties, the appeal filed by the petitioners
which is pending before the appellate court be allowed and the
petitioners be acquitted from the remaining charges/offences also.
3. Counsel for the complainant has not disputed the fact of
compromise between the parties.
4. Learned Public Prosecutor has opposed the petition.
5. Considering the facts and circumstances of the present case
and the fact that the parties have settled their dispute by way of
compromise, the criminal misc. petition is allowed and the criminal
(3 of 3) [CRLMP-5792/2021]
appeal filed by the petitioners bearing no.199/2017 which is
pending in the court of the Additional Sessions Judge (Women
Atrocities Cases) No.2, Kota is allowed and the judgment of
conviction and sentence passed by the learned trial court dated
03.10.2017 is set aside and the petitioners no.1 & 2 are acquitted
from the charges/offences under sections 467, 468, 471, 474, &
120-B of IPC and the petitioner no.3 is acquitted from the
charges/offences under sections under sections 467, 468 & 120-B
of IPC.
6. The stay application also stands disposed of.
(INDERJEET SINGH),J
MG/205
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