GUDADMAL S/O SHRI PURSHOTTAM v. STATE OF RAJASTHAN
CRLMP/7520/2024 · 2025-01-09
Anoop Kumar Dhand
Criminal Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 32747 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 32747 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:1495] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No.7520/2024 Gudadmal S/o Shri Purshottam, Resident Of Lodha Chowk, Kekri, Police Station, Kekri, District Ajmer (Raj.) ----Petitioner Versus
1. State Of Rajasthan, Through P.p.
2. Modsingh Ranawat S/o Shri Moti Singh Ranawat, Resident Of Kekri At Present President Pratap Nagar, Vikas Samiti, Kekri.
3. Laxman Singh S/o Shri Samunder Singh, Resident Of Kekri At Present Mahamantri, Pratap Nagar Vikas Samiti, Kekri, District Ajmer (Raj.)
4. Govindram S/o Shri Purshottam, Resident Of Lodha Chowk, Kekri, Police Station, Kekri, District Ajmer (Raj.) ----Respondents For Petitioner(s) : Mr. Praveen Kumar Jain For Respondent(s) : Mr. Jitendra Singh Rathore, PP Mr. Nikhil Kumar Jain JUSTICE ANOOP KUMAR DHAND
Order 09/01/2025
1. By way of filing of this criminal misc. petition under Section 528 of B.N.S.S., 2023, the petitioner has approached this Court with a prayer to quash and set aside the impugned judgment dated 22.10.2024 passed by the Additional District and Session Judge No.1, Kekri in Criminal Appeal No.40/2015 by which the application filed by the parties for compounding the offence under Sections 467, 468, 471 & 120-B I.P.C. has been partly allowed.
2.
Learned counsel for the parties submits that the petitioner along-with co-accused persons was convicted for the above
[2025:RJ-JP:1495] (2 of 3) [CRLMP-7520/2024] offences by the Trial Court against which Criminal Appeal No.40/2015 was submitted and the same is still lying pending adjudication before the Court of Additional Sessions Judge, Kekri. Counsel submits that during pendency of the said appeal, the parties have settled their dispute and accordingly, an application was submitted for compounding the offences. The said application submitted by the parties was decided vide order dated
22.10.2024. The offence under Section 420 was compoundable and the application was partly rejected to the extent the offence under Sections 461, 468, 471 & 120-B I.P.C. are concerned, as those offences are non-compoundable.
3.
Learned counsel for the parties submits that five co-accused persons, i.e., Somdutt, Jagdish Swaroop, Mahaveer Prasad, Rajendra Kumar and Kailash Swaroop submitted a similar petition before this Court bearing S.B. Criminal Miscellaneous (Petition) No.7449/2024 and the same has been allowed by this Court vide
order dated 06.12.2024 and the judgment of conviction and sentence dated 09.06.2015 passed by the Additional Chief Judicial Magistrate No.1, Kekri, District Ajmer has been quashed and set aside.
4.
Learned counsel for the parties are in agreement that the dispute between the parties has been amicable settled, therefore, the complainant does not want to pursue the matter any further.
5.
Learned counsel for the petitioner placed reliance upon the judgments passed by the Apex Court in the case of Gian Singh Vs. State of Punjab reported in 2012 (10) SCC 303 and The State of Madhya Pradesh vs. Laxmi Narayan reported in 2019 (5) SCC 688.
[2025:RJ-JP:1495] (3 of 3) [CRLMP-7520/2024]
6. In view of the aforesaid, compromise arrived at between the parties as well as the order dated 22.10.2021 passed by the Additional Sessions Judge No.1, Kekri, and applying the proposition of law, as laid down by the Hon'ble Apex Court in the case of Gian Singh (supra) & Laxmi Narayan (supra), this Court deems it just and proper to invoke inherent powers of this Court contained under Section 528 BNSS.
7. Accordingly, the instant criminal misc. petition stands allowed. The judgment of conviction and sentence dated 09.06.2015 passed by the Additional Chief Judicial Magistrate No.1, Kekri, District Ajmer stands quashed and set aside and the Criminal Appeal No.40/2015 pending before the Court of Additional Chief Judicial Magistrate No.1, Kekri stands disposed of, in terms of this order qua the petitioner. The petitioner is discharged of all the above charges.
8. Pending applications, if any, stand disposed of.
(ANOOP KUMAR DHAND),J Aayush Sharma /175