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Rajnish Yadav And Ors vs State Of Raj And Anr on 19 September, 2018

HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR

S.B. Criminal Miscellaneous (Petition) No. 6687/2017

1. Rajnish Yadav S/o Badri Prasad Yadav, R/o Shiv Nagar, Diet
Road, Police Station Kotwali, Tonk, District Tonk, Raj.

2. Anita Yadav W/o Shri Rajnish Yadav, R/o Shiv Nagar, Diet
Road, Police Station Kotwali, Tonk, District Tonk, Raj.

3. Utkarsh Yadav S/o Rajnish Yadav, Minor Through Their Natural
Guardian Father Shri Rajnish Yadav S/o, R/o Shiv Nagar, Diet
Road, Police Station Kotwali, Tonk, District Tonk, Raj.

4. Sakhshit Yadav S/o Rajnish Yadav, Minor Through Their
Natural Guardian Father Shri Rajnish Yadav S/, R/o Shiv
Nagar, Diet Road, Police Station Kotwali, Tonk, District Tonk,
Raj.

—-Petitioners

Versus

1. State Of Rajasthan Through Pp.

2. Ashok Kumar Sharma S/o Shri Ramcharan Sharma, R/o Shiv
Nagar, Diet Road, Police Station Kotwali, Tonk, District Tonk,
Raj.

—-Respondents

For Petitioner(s) : Mr. Atul Kumar Jain
For Respondent(s) : Mr. Surendra Kumar Nagar
For the State : Mr. Prakash Thakuriya, P.P.

HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA

/ Order

19/09/2018

The learned counsel appearing for the petitioners has

submitted that the petitioners Nos.1 and 2 have been acquitted by the

trial Court. Hence, the present petition, qua them is dismissed.

Counsel appearing for the petitioners has contended that

the petitioner No.4 was not sent for the trial by the Investigating

Agency. Hence, the present petition, qua him is also dismissed.

(2 of 2) [CRLMP-6687/2017]

Counsel appearing for the respondent submits that the

petitioner No.3, being juvenile till today has not appeared before the

trial Court. Lastly, counsel for respondent submits that the compromise

cannot be entertained, qua offence punishable under Section 354 I.P.C.,

as offence to outrage modesty of woman is against the Society and

cannot be termed private in nature.

Taking totality of circumstances spelt out by ld. Public

Prosecutor, the present petition is dismissed with liberty to the

petitioner No.3 to appear before the appropriate Court or Board.

(KANWALJIT SINGH AHLUWALIA),J

ashok

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