MINAKSHI PARTICK Vs. STATE OF RAJASTHAN
LAWS(RAJ)-2013-12-53
HIGH COURT OF RAJASTHAN (AT: JAIPUR)
Decided on December 04,2013

Minakshi Patrick and Ors. Appellant
VERSUS
State of Rajasthan And Ors. Respondents

JUDGEMENT

- (1.) This Crirninal misc. petition has been filed under section 482, Cr. P. C. for quashing of proceedings in view of the compromise between the accused petitioners and the complainants in criminal case No. 529/2010, State v. Manoj and others pending in the court of Additional Chief Metropolitan Magistrate (S. D.) No. 9 Jaipur Metropolitan Jaipur for the offence under Sections 467, 468, 471 and 120-B, I.P.C.
(2.) It may be mentioned that earlier Manoj Singh and Surendra Patrik (who are accused petitioners 3 and 2 in the present misc. petition) filed S. B. Criminal Misc. Petition No. 1645 of 2012 against the order dated 18-5-2011 passed by Additional Chief Judicial Magistrate No. 9 Jaipur Metropolitan Jaipur in Criminal Case No. 529 of 2010 for the offence under sections 420, 467, 468, 471, 381 and 120-B, I.P.C. whereby the court attested the compromise for offence under Sections 420 and 381 I.P.C. but declined to attest the compromise for the offence under Sections 467.468,471 and 120-B, I.P.C. This Court vide order dated 19-5-2012 after hearing the counsel for the petitioners, public prosecutor and the counsel for the complainant rejected the criminal misc. petition, observing as under : "I have heard the learned counsel for the parties. I have also perused the order dated 18-5-2011 passed by Additional Chief Judicial Magistrate No. 9 Jaipur Metropolitan Jaipur in criminal case No. 529 of 2010 for the offence under sections 420,467,468,471, 381 and 120-B, I.P.C. whereby the court attested the compromise for offence under sections 420 and 381, I.P.C. but declined to attest the compromise for the offence under Sections 467, 468, 471 and 120-B, I.P.C. The order passed by the ACJM is just and proper. The criminal misc. petition is rejected. The stay application also stands rejected. However, the trial Court is directed to conclude the trial within a period of two months, if possible.
(3.) On 18th July, 2013, the accused petitioners Minakshi Patrick, Surendra Patrick, Manoj Singh Chauhan, Pramod Singh Chauhan and Victor Khan, accused petitioners, have filed this criminal misc. petition for quashing the criminal proceedings on the basis of compromise between the accused petitioners and the complainants, who have also been arrayed as non-petitioners 2 and 3.;


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