Rajasthan High Court - Jodhpur
Devichand vs State Of Rajasthan (2025:Rj-Jd:34315) on 4 August, 2025
[2025:RJ-JD:34315]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 6203/2025
Devichand S/o Hari Ram, Aged About 51 Years, R/o 19 E 110
Chopasani Housing Board Jodhpur
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Govind Giri S/o Bhagwan Giri, R/o Mogda Kalla Tehsil Luni
District Jodhpur
----Respondents
For Petitioner(s) : Mr. Ram Sukh Sharma.
For Respondent(s) : Mr. Narendra Singh, PP.
Mr. Manish Debana for R-2.
HON'BLE MR. JUSTICE MUKESH RAJPUROHIT
Order
04/08/2025
1. By way of filing the present criminal misc. petition under
Section 528 BNSS, the petitioner has prayed for the following
reliefs:-
"i. The impugned order dated 05.03.2025 passed by
the learned Additional Sessions Judge No.4, Jodhpur
Metropolitan in Criminal Appeal No.409/2023 (N.C.V.
No.409/2023) titled as " Devi Lal Vs. Govind Giri" and
all subsequent proceedings initiated thereafter against
the petitioner in light of the compromise arrived
between the parties.
ii. The impugned order dated 26.07.2023 passed by
the learned Special Metropolitan Magistrate, (N.I. Act
Cases) No.09, Jodhpur Metropolitan in criminal
original case no.830/2021 (N.C.V. No.10647/2015)
titled as "Govind Giri Vs. Devi Chand" against the
petitioner may kindly be quashed in light of the
compromise arrived at between the parties.
iii. Any other order which this Hon'ble Court deems
just and proper may kindly be passed in favour of the
petitioner."
[2025:RJ-JD:34315] (2 of 3) [CRLMP-6203/2025]
2. Learned counsel for the parties jointly submitted that during
pendency of the present criminal misc. petition, the petitioner and the
respondent No.2 have entered into a compromise and the same is
borne out from the compromise-deed dated 30.03.2025.
3. Learned counsel submitted that respondent No.2 does not want to
proceed in the matter and, therefore, the impugned order dated
05.03.2025 passed by the learned Additional Sessions Judge No.4,
Jodhpur Metropolitan in Criminal Appeal No.409/2023 (N.C.V.
No.409/2023) titled as " Devi Lal Vs. Govind Giri" and the order dated
26.07.2023 passed by the learned Special Metropolitan Magistrate, (N.I.
Act Cases) No.09, Jodhpur Metropolitan in Criminal Original Case
No.830/2021 (N.C.V. No.10647/2015) titled as "Govind Giri Vs. Devi
Chand" may be quashed and set aside.
4. Learned counsel for the parties in support of their contention have
placed reliance upon the following judgments:
"1. Ramgopal and Another Vs. State of Madhua Pradesh" reported in
(2022) 14 SCC 531.
2. "M/s New Win Export & Anr. Vs. A. Subramaniam" reported in
2024 3 RLW(Raj) 2489.
3. "Omprakash Sunda Vs. Pawan Kumar" in S.B. Criminal Revision
Petition No.1399/2024.
4. "Damodar S. Prabhu Vs. Sayed Babalal" reported in 2010 (5) SCC
663."
5. Having considered the facts and circumstances of the case,
taking into consideration the precedent law and keeping in mind
the fact that the respondent No.2 has no objection in case the
criminal proceedings/ conviction and sentence awarded to the
petitioner are quashed, this Court deems it just and proper to set
aside the conviction and sentence of imprisonment awarded to the
petitioner for the offences under Sections 138 of N.I. Act vide
order dated 26.07.2023 passed in Criminal Original Case
[2025:RJ-JD:34315] (3 of 3) [CRLMP-6203/2025]
No.830/2021 (N.C.V. No.10647/2015), which was affirmed vide
order dated 05.03.2025 passed in Criminal Appeal No.409/2023
(N.C.V. No.409/2023) and accordingly, the same are hereby
quashed and set aside subject to petitioner depositing cost of 5%
of the cheque amount. The cost shall be deposited by the
petitioner with the Rajasthan Legal Services Authority, Jodhpur
within a period of two months from today, a receipt whereof shall
be filed with the Registry
6. Accordingly, the present criminal misc. petition is disposed
of. Pending applications, if any, also stand disposed of.
(MUKESH RAJPUROHIT),J
122-/Jitender//-
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