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Virendra Kumar vs State Of Rajasthan Through Pp on 6 April, 2018

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,
Jaipur Rajasthan
(At present confined in District Jail Bundi, Rajasthan)
—-Petitioner
Versus
State Of Rajasthan Through Pp
—-Respondent

Connected With
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)

—-Petitioner
Versus
State Of Rajasthan Through Pp

—-Respondent

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.)

—-Petitioner
Versus

1.State Of Rajasthan through PP

—-Non-petitioner

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.)

—-Respondents

For Petitioner(s) : Mr. Manoj Sharma
Mr. Virendra Kumar present in person
Mr. Mahavir Prasad present in person
Mr. Surendra Kumar Jain present in
person
For Respondent(s) : Mr. V.S. Godara, PP
Ms. Kamlesh Uniyal
Ms. Sushma
(2 of 3) [CRLR-1265/2015]

HON’BLE MR. JUSTICE DEEPAK MAHESHWARI

Judgment / Order

06/04/2018

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

withdrawn.

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.

(DEEPAK MAHESHWARI),J

Arun/34-35-36

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