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2019 DIGILAW 3077 (RAJ)

Babli S/o. Channi v. State of Rajasthan, Through P. P.

2019-12-17

MAHENDAR KUMAR GOYAL

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ORDER : 1. The instant criminal miscellaneous petition has been filed by the petitioners seeking quashment of the conviction of the petitioners recorded by the Judicial Magistrate, Nagar, District Bharatpur in Criminal Case No.104/2009 vide its judgment dated 16.02.2015, which is impugned in the Criminal Appeal No.1/2015 titled as Babli & Ors. Versus State pending before the Court of learned Additional District & Sessions Judge No.2, Deeg, District Bharatpur. 2. It is submitted by the learned counsel for the petitioners that the parties have settled their dispute amicably and submitted a compromise deed duly signed by all the parties with the learned Appellate Court on 22.05.2018 which was attested by the learned trial Court vide its order dated even qua the offences under Sections 323, 341 and 324 of IPC as the same were compoundable; but, refused to acknowledge the same qua the offence under Section 326 and 326/34 of IPC being not compoundable. It was contended by the learned counsel for the petitioners that this Court, under its extraordinary jurisdiction vide under Section 482 of CrPC, is empowered to quash the conviction of the petitioners under Section 326 and 326/34 of IPC also. 3. The learned Public Prosecutor opposed the prayer and submitted that the petitioners already stand convicted and prayer made by the learned counsel for the petitioners deserves to be rejected. 4. Learned counsel for the respondent/complainant supported the submissions made by the learned counsel for the petitioners and prayed that the conviction of the petitioners recorded by the Judicial Magistrate, Nagar, District Bharatpur vide its judgment dated 16.02.2015 under Sections 326 as well as 326/34 of IPC, be set aside in view of the compromise between the parties. 5. The parties are present in person and have submitted that the conviction recorded against the petitioners be set aside in view of the amicable settlement of dispute between them. 6. Heard learned counsel for the parties and perused the record. A perusal of the judgment dated 16.02.2015 reveals that the injury on the person of injured Ramveer, which has resulted into conviction of the petitioners under Sections 326 and 326/34 of IPC, is on non-vital part of the body. The parties are residents of the same village and have settled their dispute amicably. 7. A perusal of the judgment dated 16.02.2015 reveals that the injury on the person of injured Ramveer, which has resulted into conviction of the petitioners under Sections 326 and 326/34 of IPC, is on non-vital part of the body. The parties are residents of the same village and have settled their dispute amicably. 7. In view of the law laid down by the Hon’ble Apex Court in the case of Gian Singh versus State of Punjab & Anr. reported in JT 2012 (9) SC 426, I deem it just and proper to quash and set aside the conviction recorded by the learned Judicial Magistrate, Nagar, District Bharatpur vide its judgment dated 16.02.2015 in Criminal Case No.104/2009 under Sections 326 and 326/34 of IPC as the case in hand does not involve heinous offence of the nature excepted by the Hon’ble Apex Court. The Criminal Appeal No.1/2015 titled as Babli & Ors. Versus State pending in the Court of learned Additional District & Sessions Judge No.2, Deeg, District Bharatpur, stands disposed of accordingly. 8. The criminal miscellaneous petition is allowed in the aforesaid terms.