HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Revision No. 1265/2015
Virendra Kumar S/o Mahavir Prasad Mahajan, R/o Plot No.7, First
Plot No.4, I-20, Industrial State, Kartarpura, near 22 Godown,
(At present confined in District Jail Bundi, Rajasthan)
State Of Rajasthan Through Pp
S.B. Criminal Revision No. 1270/2015
Mahavir Prasad Mansinghka S/o Shri Murlidhar Mansinghka
adopted son of Shri Tulsiram Mansinghka, resident of 83, Ashok
Apartment, Nalansy Road, Mumbai (Maharashtra), presently
residing at Murlidhar Kripa Hospital Campus, Ujjain Road,
Makshi, District Shahjapur (MP).
(Accused in district Jail Bandra)
State Of Rajasthan Through Pp
S.B. Criminal Revision No. 1325/2015
Surendra Kumar Jain S/o Shri Chouth Mal Jain, R/o Sangod,
P.S. Sangod, District Kota (Raj.)
1.State Of Rajasthan through PP
2.Mahaveer Prasad S/o Murlidhar Mansingha B/c Mahajan, R/o
83 Ashoka Apartment, Nelansy Road, Mumbai (Maharashtra).
3.Virendra Kumar S/o Mahaveer Prasad, B/c Mahajan, R/o Plot
No.7, First Plot No.4-I-20, Industrial Estate, Kartarpura, Near
22 Godown, Jaipur (Raj.)
For Petitioner(s) : Mr. Manoj Sharma
Mr. Virendra Kumar present in person
Mr. Mahavir Prasad present in person
Mr. Surendra Kumar Jain present in
For Respondent(s) : Mr. V.S. Godara, PP
Ms. Kamlesh Uniyal
(2 of 3) [CRLR-1265/2015]
HON’BLE MR. JUSTICE DEEPAK MAHESHWARI
Judgment / Order
Petitioner Virendra Kumar and Mahavir Prasad (in S.B.
Criminal Revision Petition No.1265/2018) and petitioner Surendra
Kumar Jain (in Criminal Revision Petition No.1325/2015) are
present in person. Their counsel are also present. Heard learned
counsel for the petitioners and the petitioners themselves.
On perusal of the record it transpires that in Criminal Case
No.195/2010 learned Judicial Magistrate First Class, Bundi
convicted petitioners Mahavir Prasad and Virendra Kumar for the
offences under Sections 420 406 IPC vide judgment dated
25.07.2012. Petitioners were sentenced with one year Simple
Imprisonment alongwith fine of Rs.5,000/- for the offence under
Section 420 IPC. Sentence for 6 months Simple Imprisonment
alongwith fine of Rs.3,000/- was awarded to them for the offence
under Section 406 IPC.
Both the petitioners preferred criminal appeal against the
aforesaid judgment dated 25.07.2012. Learned Sessions Judge,
Bundi vide his judgment dated 24.09.2015, partly allowed the
appeal while acquitting the accused-petitioners for the offence
under Section 406 IPC and upholding the conviction for the
offence under Section 420 IPC.
Petitioners Virendra Kumar and Mahavir Prasad filed S.B.
Criminal Revision Petition No.1265/2015 before this Court for
quashing and setting aside the conviction held by learned Sessions
Judge, Bundi for the offence under Section 420 IPC.
(3 of 3) [CRLR-1265/2015]
Simultaneously complainant Surendra Kumar Jain also preferred
Criminal Revision Petition No.1325/2015 for enhancement of the
sentence awarded to the accused-petitioners.
Now petitioners in both the petitions have submitted that the
offence under Section 420 IPC has been compromised by them.
An application under Section 320(6) Cr.P.C. r/w Section 482 Cr.P.C.
has been moved by them alongwith a compromise deed executed
on 04.04.2018 between them. All the three petitioners present
before the Court and their counsel submit that since the matter
has been amicably settled between them, complainant-petitioner
Surendra Kumar Jain is not interested in pursuing his revision
petition No.1325/2015. Hence, the same is dismissed as
Learned counsel for the petitioners Virendra Kumar and
Mahavir Prasad submits that in view of the compromise the
judgment dated 24.09.2015 passed by learned Sessions Judge,
Bundi upholding the conviction for the offence under Section 420
IPC may kindly be quashed and set aside.
Taking note of the fact that the offence has been
compounded between the parties, the prayer is allowed.
The judgment dated 24.09.2015 passed by learned Sessions
Judge, Bundi is accordingly quashed and set aside.
Both the petitions stand disposed off accordingly.