Bhim Lal Verma S/O Bakshu Ram vs Prakesh Chand Sharma S/O Nand Lal ...
2023 Latest Caselaw 291 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

           S.B. Criminal Revision Petition No. 485/2022

Bhim Lal Verma S/o Bakshu Ram, R/o Adiyata Nagar, Village
Police Line, Police Bhorkheda, Kota
                                                                  ----Petitioner
                                   Versus
Prakesh Chand Sharma S/o Nand Lal Sharma, R/o 6 R 6,
Mahaveer Nagar, Vistar Yogana, Kota
                                                                ----Respondent

For Petitioner(s)        :     Mr. Amit Dadhich
For Respondent(s)        :     Mr. S.S. Mahla, PP
                               Mr. Devanshu Sharma-



             HON'BLE MR. JUSTICE FARJAND ALI

                                    Order

10/01/2023

Heard learned counsel for the accused-petitioner as well as

learned counsel for the complainant on the revision petition.

Learned counsel for the accused-petitioner submits that the

petitioner has been convicted and sentenced with a maximum of

one year simple imprisonment alongwith the direction to pay

Rs.7,00,000/- to the complainant by learned Special Judicial

Magistrate NI Act Cases No.3, Kota vide order dated 12.12.2018

and the same has been upheld by the learned Sessions Judge

Women Atrocity No.2 Kota in Criminal Appeal No. 353/2019 vide

order dated 23.09.2021 The orders passed by the trial court and

the appellate court are illegal, perverse and against established

principles of law. He further submits that the parties have entered

into compromise and the dispute between the parties has been

(2 of 3) [CRLR-485/2022]

amicably settled. Thus, this revision petition deserves to be

allowed.

Learned counsel appearing for the complainant-respondent

has opposed the prayer made by the learned counsel for the

appellant.

Perused the material available on record. The matter is inter-

se in between the parties and does not affect the society at large.

The complainant has now entered into a compromise with the

petitioner. Since the complainant does not wish to continue

proceedings against the petitioner, thus, in the interest of justice,

this court deems it appropriate to allow the compromise at this

stage.In view of the compromise and the affidavit annexed with

the petition, the petitioner is acquitted from the charges levelled

against him and accordingly the judgments dated 23.09.2021 and

12.12.2018 are set aside.

Since the parties have not entered into a compromise at the

first opportunity available to them and waited till disposal of the

trial and thereafter till the course of appeal and therefore, they

took away valuable time of the trial court and the Appellate Court.

Thus, in the interest of justice, it is directed that the petitioner

shall deposit a sum of Rs.10,000/- in the account of of Rajasthan

Legal Services Authority, Jaipur in lieu of the cost of proceedings

within one month from the date of his release. If the said amount

is not deposited within the stipulated time, then the judgment of

conviction passed by the court below shall be rejuvenated.

In view of the above observations, the revision petition is

allowed and the impugned judgment dated 12.12.2022 passed by

learned Special Judicial Magistrate NI Act Cases No.3, Kota and

the judgment dated 23.09.2021 passed by learned Sessions Judge

(3 of 3) [CRLR-485/2022]

Women Atrocity No.2, Kota in Criminal Appeal No.353/2019 are

set aside and it is directed that petitioner- Bhim Lal Verma S/o

Bakshu Ram be released forthwith. The accused petitioner is

acquitted from the charges levelled against him.

Record be sent back.

Accordingly, any pending applications including application

for suspension of sentence are disposed of.

(FARJAND ALI),J

PREETI VALECHA /148

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