HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 733/2020
1. Hitendra Singh S/o Shri Rajendra Singh, by caste Rajput,
Aged About 31 Years, R/o Udaipur.
2. Rajendra Singh S/o Shri Sardar Singh, By Caste Rajput,
Aged About 58 Years, R/o Udaipur.
—-Petitioners
Versus
1. The State of Rajasthan
2. Smt. Amrit Kunwar @ Bhavna D/o Sh. Ratan Singh Ji and
W/o Sh. Hitendra Singh, R/o 5/106, 100 Fit Road,
Goverdhan Vilas, Udaipur.
—-Respondents
For Petitioner(s) : Mr. Saurabh Soni.
For Respondent(s) : Ms .Rajlaxmi Singh Choudhary, P.P.
Mr.Kunal Sancheti.
HON’BLE MR. JUSTICE SANDEEP MEHTA
Order
19/02/2020
1. Heard learned counsel for the parties. Perused the material
available on record.
2. The petitioners herein have been convicted and sentenced
vide Judgment dated 18.10.2019 passed by the learned Judicial
Magistrate, Udaipur City (North), Udaipur in Criminal Case
No.14/2019 as below:
Hitendra Singh
Offences Sentences Fine Fine Default
sentences
498A IPC 3 Years’ S.I. Rs.2,000/ 3 Months’
Additional S.I.
494 IPC 3 Years’ S.I. Rs.5,000/ 6 Months’
Additional S.I.
406 IPC 1 Year’s S.I. Rs.2,000/ 3 Months’
Additional S.I.
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Rajendra Singh
Offences Sentences Fine Fine Default
Under sentences
Sections
498A IPC 3 Years’ S.I. Rs.2,000/ 3 Months’
Additional S.I.
406 IPC 1 Year’s S.I. Rs.2,000/ 3 Months’
Additional S.I.
3. The petitioners have preferred an appeal against the said
Judgment which has been registered as Criminal Appeal
No.305/2019 and is pending consideration before the Additional
Sessions Judge (Women Atrocities Cases), Udaipur.
4. The instant misc. petition has been presented by the
petitioners with a prayer to quash the order dated 06.12.2019
passed by the appellate court whereby, it has refused to
compound the offence under Section 498A of the IPC. A
compromise deed was filed by the accused before the appellate
court which stands accepted to the extent of the offences under
Sections 406 and 494 of the IPC but was rejected for the
remaining offence (Section 498A IPC) as the same is non-
compoundable.
5. Learned counsel Shri Saurabh Soni representing the accused
petitioners and Shri Kunal Sancheti, Advocate representing the
respondent No.2 complainant urge that the parties have mutually
settled the entire dispute and the conviction of the accused
petitioners as recorded by the trial court deserves to be quashed
on the ground of compromise.
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6. In this background, I am of the opinion that conviction of the
accused petitioners as recorded by the trial court deserves to be
quashed by accepting the compromise in light of Supreme Court
decision in the case of Gian Singh Vs. State of Punjab Anr.
reported in JT 2012(9) SC-426.
7. Accordingly, the compromise application filed by the
respondent complainant before the appellate court is accepted and
consequently, the conviction and sentences awarded to the
petitioners by the learned Judicial Magistrate, Udaipur City
(North), Udaipur in Criminal Case No.14/2019 are hereby
quashed. As a result, the Criminal Appeal No.305/2019 filed by
the petitioners against the said judgment which is pending before
the learned Additional Sessions Judge (Women Atrocities Cases),
Udaipur is rendered infructuous and is dismissed as such.
8. The misc. petition is allowed in these terms. Stay application
is disposed of.
(SANDEEP MEHTA),J
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