Citation : 2022 Latest Caselaw 4705 Raj
Judgement Date : 29 March, 2022
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 961/2021
1. Roshanlal S/o Ghisulal, Aged About 68 Years, R/o 42,
Khod Ka Bass, Pali Tehsil And District Pali, Rajasthan.
2. Smt. Pushpa Devi W/o Roshanlal, Aged About 66 Years,
R/o 42, Khod Ka Bass, Pali Tehsil And District Pali,
Rajasthan.
----Petitioners
Versus
State Of Rajasthan, Through Pp
----Respondent
Connected With
S.B. Criminal Revision Petition No. 628/2021
Narendra Kumar S/o Roshan Lal, Aged About 44 Years, R/o 42,
Khaud Ka Bas, Pali Tehsil And Dist. Pali. (Presently Lodged In
Distt. Jail, Pali).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
S.B. Criminal Revision Petition No. 629/2021
Mamta D/o Sh. Parasmalji, Aged About 40 Years, B/c Bhandari,
R/o Village Chenda, Teh. Rohat, Dist. Pali.
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Roshanlal S/o Sh. Gisulal, B/c Jain, R/o 42, Khod-Ka-Bas,
Pali.
3. Smt. Pushpa Devi W/o Sh. Roshanlal, B/c Jain, R/o 42,
Khod-Ka-Bas, Pali.
4. Narendra S/o Sh. Roshanlal, B/c Jain, R/o 42, Khod-Ka-
Bas, Pali.
----Respondents
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For Petitioner(s) : Mr. Saurabh Suthar for
Mr. Sandeep Bhandawat on VC
Mr. Narendra Kumar & Mrs. Mamta
present in person.
For Respondent(s) : Mr. Muktesh Trivedi, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
29/03/2022
In wake of instant surge in COVID-19 cases and spread of its
highly infectious Omicron variant, abundant caution is being
maintained, while hearing the matters in Court, for the safety of
all concerned.
The present petitions have been preferred claiming the
following relief:-
"S.B. Criminal Revision Petition No. 961/2021:
It is, therefore prayed that this criminal revision
petition may kindly be allowed and impugned judgment
dated 11.08.2021 passed in Cr. Appeal N o.74/2019;
Narendra Kumar & Ors. Vs. State of Raj, passed by
Session Judge, Pali and judgment dated 04.06.2019
passed in Cr. Original Case CIS No.923/2014 State Vs.
Narendra Kumar & Ors. passed by learned Addl. Chief
Judicial Magistrate, Pali may kindly be quashed and set
aside.
S.B. Criminal Revision Petition No. 628/2021
It is, therefore prayed that this criminal revision
petition may kindly be allowed and impugned judgment
dated 11.08.2021 passed in Cr. Appeal N o.74/2019;
Narendra Kumar & Ors. Vs. State of Raj, passed by
Session Judge, Pali and judgment dated 04.06.2019
passed in Cr. Original Case CIS No.923/2014 State Vs.
Narendra Kumar & Ors. passed by learned Addl. Chief
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(3 of 3) [CRLR-961/2021]
Judicial Magistrate, Pali may kindly be quashed and set
aside.
S.B. Criminal Revision Petition No. 629/2021
a) the impugned judgment and order dated
11.08.2021 be quashed and set aside in the interest of
justice."
All three petitions arising out of the matrimonial dispute.
Husband and wife are present in person before this Court and
submitted that they have arrived at a compromise.
The said compromise is taken on record.
Accordingly, the present petitions No.961/2021 and
628/2021 are allowed and the impugned order dated 04.06.2019
passed by Additional Chief Judicial Magistrate, Pali in Criminal
Case No.923/2014 convicting and sentencing the
petitioners-Roshanlal, Smt. Pushpa Devi and Narendra Kumar and
the appellate judgment dated 11.08.2021 passed by learned
Sessions Judge, Pali in Criminal Appeal No.74/2019, rejecting the
petitioners' appeal, are set aside. The accused petitioners
Roshanlal, Smt. Pushpa Devi and Narendra Kumar are acquitted of
the charges. Petitioner Narendra Singh is on bail. His bonds are
discharged. Roshanlal, Smt. Pushpa Devi and Narendra Kumar
need not surrender. However, in light of the aforesaid compromise,
the present petition No.629/2021 is dismissed.
(DR.PUSHPENDRA SINGH BHATI), J.
153-155-Sudheer/-
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