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2009 DIGILAW 127 (RAJ)

Asha v. State of Rajasthan

2009-01-16

MAHESH CHANDRA SHARMA

body2009
JUDGMENT Mahesh Chandra Sharma, J. - This revision petition has been filed against the judgment dated 19.8.2002 of Judicial Magistrate No. 7 Jaipur City Jaipur in Criminal Case No. 122 of 1997 acquitting the accused-respondents from the charges under Sections 498-A and 406 I.P.C. and for quashing the order initiating proceedings under Section 193 I.P.C. against them.2. Before starting arguments and without going into the merits of he case, Mr. Anoop Dhand, learned counsel for the petitioners made a request that he wants to withdraw the revision petition if the proceedings initiated against the petitioners are dropped and set aside and he has further requested that he is ready to pay appropriate amount of compensation to the respondents.3. Mr. V.S. Chaudhary and Mr. P.K. Sharma, learned counsel appearing for the respondents opposed this argument but agree that the appropriate compensation should be awarded and in such circumstances the proceedings under Section 193 I.P.C. initiated against the petitioners be dropped.4. For these reasons I maintain the order of acquittal dated 18.9.2002 of Judicial Magistrate No. 7 Jaipur City Jaipur but at the same time I modify the order to the extent that the proceedings under Section 193 be dropped against the petitioners, which are pending before Judicial Magistrate No. 7 Jaipur City Jaipur and the petitioners are directed to deposit Rs. 20,000 as compensation to the accused-respondents within 15 days from today. In case the petitioners submit the receipt of Rs. 20,000/- the Judicial Magistrate is directed to drop the proceedings under Section 193 I.P.C. initiated against them. With this direction the revision petition is disposed. As the main petition has been disposed the stay application also stands disposed. Revision disposed of. *******