Rajasthan High Court - Jodhpur
Pawan Rajani vs State Of Rajasthan (2025:Rj-Jd:10588) on 21 February, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:10588]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 145/2025
Pawan Rajani S/o Chandumal Rajani/sindhi, Aged About 55
Years, R/o 3-N/10, Prabhat Nagar, Sector No 5, Hiran Magri
Police Station, Udaipur, District Udaipur (Raj)
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Rahul Rohida S/o Shree Shyam Rohida, R/o 148, Shakti
Nagar, Main Road, Udaipur (Raj)
----Respondents
For Petitioner(s) : Mr. Ashok Kumar
For Respondent(s) : Mr. Narendra Gehlot, PP
Mr. Gopal Singh Bhati
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
21/02/2025
The instant revision petition has been filed by the petitioner
against the judgment dated 11.01.2024 passed by the learned
Additional Session Judge No.4, Udaipur in Cr. Appeal No.34/2016
whereby the learned Judge dismissed the appeal of the petitioner
and affirmed the judgment dated 29.09.2016 passed by the
learned Chief Judicial Magistrate, Udaipur in Cr. Regular Case
No.581/2011 whereby the learned trial court convicted and
sentenced the petitioner for offences under Sections 467, 468,
471 IPC.
Counsel for the petitioners submits that during the pendency
of the appeal before the appellate court, both the parties i.e. the
petitioners and complainant-respondent No.2, have entered into a
compromise in the spirit of Lok Adalat and amicably settled their
disputes, but the learned appellate court ignored the said
compromise and dismissed the appeal while affirming the
[2025:RJ-JD:10588] (2 of 2) [CRLR-145/2025]
conviction of the petitioner for the aforesaid offences passed by
the trial court. Counsel submits that since the matter has already
been comprmoise between the parties, therefore, the conviction
and sentence passed by the courts below vide impugned
judgments against the petitioner for aforesaid offences may be
quashed and set aside. Counsel has placed reliance on a decision
of Hon'ble Supreme Court in the case of Gian Singh Vs. State of
Punjab & Anr. [(2012) 10 SCC 303].
Learned counsel for the complainant-respondent No.2
concurs the fact of compromise arrived at between the parties.
Heard the learned counsel for the parties and perused the
impugned orders passed by the courts below.
In view of compromise arrived at between the parties and
applying the ratio in decision of Gian Singh (Supra) and
considering the fact that offences under Sections 467, 468,
471IPC do not pose a serious threat to public safety or societal
order, this Court deems it just and proper to quash and set aside
the conviction and sentence of the petitioner passed by the courts
below vide impugned judgments.
Accordingly, the conviction and sentence of imprisonment
awarded to the petitioner for offences under Sections 467, 468,
471 IPC vide judgments dated 29.09.2016 and 11.01.2024,
passed by the courts below are hereby set aside on the basis of
the compromise arrived at between the parties.
The revision petition is allowed accordingly.
(MANOJ KUMAR GARG),J
21-MS/-
Powered by TCPDF (www.tcpdf.org)
