Anita vs State Of Rajasthan
2022 Latest Caselaw 999 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 47/2022

Anita W/o Vinod Harijan, Aged About 36 Years, Near Water Tank, Harijan Basti, Rc Vyas Colony, Dist. Bhilwara.

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Ashok Kumar Gatyani S/o Radhe Shyam Gatyani, A-388 Vijay Singh Pathik Nagar, Dist. Bhilwara.

----Respondents

For Petitioner(s) : Mr. Mahesh Joshi, through VC For Respondent(s) : Mr. Arvind Shrimali, through VC

HON'BLE MR. JUSTICE MADAN GOPAL VYAS

Judgment

20/01/2022

The present revision petition has been filed against the

judgment dated 16.2.2021 passed by the learned Addl. Sessions

Judge (Women Attrocity Prevention), Bhilwara in cr. appeal

no.23/2020 affirming the judgment and order dated 28.9.2018

passed by the learned Special Judicial Magistrate (NI Act Cases)

No.2, Bhilwara in Criminal Regular Case No.9492/2017 whereby

the petitioner was convicted and sentenced under Section 138 of

the NI Act to one year's simple imprisonment with a direction to

pay a sum of Rs. 4,50,000/- as compensation and in default of

payment of fine to further undergo three months imprisonment.

Learned counsel for the petitioner submits that during the

pendency of the present revision petition, the entire amount has

been paid to the complainant. He further submits that the dispute

of the non-payment of the amount has been settled between the

(2 of 2) [CRLR-47/2022]

parties by entering into a compromise. In this regard, the

petitioner has also submitted copy of the compromise on record.

Learned counsel for the petitioner relies upon the judgment

of Hon'ble Supreme Court in the case of State of MP Vs. Laxmi

Narayan & ors. Reported in AIR 2019 SC 1296 and Damodar S.

Prabhu Vs. Sayed Babalal H. reported in 2010 (5) SCC 663.

The fact of compromise is not disputed by the counsel for the

complainant-respondent.

In view of the judgments of the Hon'ble Supreme Court and

the compromise having been entered into between the parties, the

present revision petition is allowed and the orders dated

16.2.2021 and 28.9.2018 are hereby quashed and set aside.

If the petitioner is in judicial custody, she be released

forthwith.

The stay application also stands disposed of accordingly.

(MADAN GOPAL VYAS),J 34-CPGoyal/-

Powered by TCPDF (www.tcpdf.org)