DINESH SHARMA Vs. STATE OF RAJASTHAN
LAWS(RAJ)-2018-9-198
HIGH COURT OF RAJASTHAN (AT: JAIPUR)
Decided on September 25,2018

DINESH SHARMA Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

KANWALJIT SINGH AHLUWALIA, J. - (1.) Present petition has been filed under Section 482 Cr.P.C. praying that the proceedings pending against the petitioner in the court of Additional Judicial Magistrate No.4, Ajmer, arising out of criminal case No.9/17 be dropped in view of order dated 14.05.2018 passed by this court in S.B. Criminal Misc. Petition No.6834/2017.
(2.) This court on 14.05.2018 in case of co-accused Smt. Megha Jaimini in S.B. Criminal Misc. Petition No.6834/2017 had passed the following order:- "Instant miscellaneous petition has been preferred on behalf of petitioner under Section 482 of the Code of Criminal Procedure, 1973 praying therein that the proceedings arising out of Criminal Case No.101/14=9/17 be dropped because of the compromise arrived at between the parties. Mr. R.K. Mathur, ld. Senior Advocate appearing for the petitioner, has submitted that the complainant had alleged that the power-of-attorney was forged and on the basis thereof accused-petitioner had executed sale-deed in favour of her daughter. The ld. Senior Advocate has further submitted that during pendency of the proceedings, compromise was arrived at between the parties, sale consideration of the plot was given to the complainant and now complainant has no grievance against the accused- petitioner, hence, on the basis of compromise, proceedings be dropped.
(3.) The ld. Senior Advocate has contended that the compromise was presented before the revisional Court below and the said Court accepted the compromise, qua offences punishable under Sections 420 and 406 I.P.C. on the ground that said offences are compoundable. The revisional Court below upheld the cognizance taken against the accused for offence punishable under Section 120-B I.P.C. The revisional Court below further held that the offence under Section 120-B I.P.C. is not compoundable.;


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