JUDGMENT 1. - Being aggrieved by the order dated 1.8.2011 passed by the Additional Sessions Judge Sasmbharlake, District Jaipur in Cr. Appeal No.16/2010 whereby the appeal filed by the petitioner was dismissed and the order of conviction and sentence for offence u/s 379 IPC vide order dated 16.8.2010, had been upheld. 2. Briefly stated the facts of the case are that on the report of Mewa Rama (complainant) filed on 28.6.2007 at Police Station Rainwal regarding theft of Motorcycle No. RJ-SJ-5702, criminal case No. 72/2007 had been registered. After usual investigation, the police filed charge-sheet against the accused petitioner. The learned trial court after reexamining prosecution witnesses and also the accused u/s 313 Cr.P.C. found the petitioner guilty of offence u/s 379 IPC and awarded sentence of one year simple imprisonment along with fine of Rs. 200/-, in default whereof to further undergo 7 days' simple imprisonment. 3. The petitioner filed an appeal against this order before the Additional Sessions Judge who vide impugned order dated 1.8.2011 upheld the order of conviction and sentence pass ed by the trial court and dismissed the appeal. 4. While assailing the orders of the courts below, the petitioner prayed for setting aside the orders in question on the ground that the witnesses were interested and that the prosecution miserably failed to prove its case beyond reasonable doubt. Further that the learned courts below have erred in law in ignoring the contradictory statement of prosecution witnesses. However, during the pendency of this revision petition, the parties entered into an amicable settlement out of court and application u/s 320 Cr.P.C. was filed. The complainant Mewa Ram appeared in person and got his statement recorded before the Deputy Registrar (Judl.) which were taken on record. In view of the amended provisions of section 320 Cr.P.C., offence u/s 379 IPC has been made compoundable. 5. In these circumstances, when the parties have amicably settled their matter and the offence is also compoundable as per the law of the land, therefore, it appears just and proper to dispose the revision petition on the basis of the said compromise itself. 6. In the aforesaid circumstances on account of the subsequent development taken place on account of compromise arrived at between the parties, the order impugned is set aside and the petitioner is acquitted of the offence u/s 379 IPC on the basis of the compromise. 7.
6. In the aforesaid circumstances on account of the subsequent development taken place on account of compromise arrived at between the parties, the order impugned is set aside and the petitioner is acquitted of the offence u/s 379 IPC on the basis of the compromise. 7. This criminal revision petition accordingly stands disposed on this ground itself. 8. Stay application also stands disposed.Petition disposed of accordingly. *******