Allowed

Pradhana Ram v. State of Rajasthan

Rajasthan HC14 Jan 2019CRLMA/12/2019

Case brief

AI extract

What is this about?

The High Court allowed a criminal miscellaneous application seeking correction in a lower court order. Relying on a compromise between parties and the Supreme Court decision in Gian Singh, the court invoked inherent powers to quash proceedings and discharge the petitioner for charges under Section 120-B IPC despite them being non-compoundable.

What did the court decide?

Petition allowed; petitioner discharged of offences under Section 120-B IPC in Criminal Regular Case No.132/2018; order dated 10.01.2019 substituted.

Pradhana Ram Vs State of Rajasthan — Corruption | Rajasthan HC (2019)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR

¶2

S.B. Criminal Misc. Application No.12/2019

¶3

¶4

S.B. Criminal Misc(Pet.) No. 135/2019

Pradhana Ram & Anr.

----Petitioner

Versus

State Of Rajasthan & Anr.

¶9

			----Respondent
For Petitioner(s)	:	Mr. Sunil Mehta
For Respondent(s)	:	Mr. VS Rajpurohit, Mr. HL Kela	PP

¶10

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

¶11

Order

¶12

14/01/2019

¶13

Learned counsel for the petitioners has preferred this misc. application under Section 482 read with 362 of Cr.P.C. for correction in order dated 10.01.2019 passed by this Court in S.B. Criminal Misc. Petition No.135/2019.

¶14

For the reasons mentioned in the application, the same is allowed.

¶15

3. Accordingly the aforesaid order dated 10.01.2019 is substituted by the following :-

¶16

“1. Petitioners have preferred this misc. petition under Section 482 of Cr.P.C. claiming the following reliefs:-

¶17

“ It is, therefore, most respectfully prayed that criminal misc. petition of the petitioners may kindly be allowed with cost, the order impugned dated 04.01.2019 passed by learned Special Additional Chief Judicial Magistrate

¶18

(2 of 3)

¶19

(P.C.P.N.D.T.) Act Cases, Bikaner may kindly be allowed upto extent that compromise may be executed under Section 120-B of IPC.

¶20

(ii) The proceeding in Criminal case No.132/2018 State Vs. Pradhana Ram & Ors. pending in the court of Special Additional Chief Judicial Magistrate (P.C.P.N.D.T. Act Cases), Bikaner may kindly be quashed and set aside on behest of this compromise.”

¶21

2. It is stated at the Bar that a compromise has been arrived at between the parties. It is borne out from the compromise that complainant is not inclined to proceed further in the matter.

¶22

3. Learned counsel for the parties have placed reliance on a decision of Supreme Court in case of Gian Singh V/s. State of Punjab & Anr. [(2012) 10 SCC 303] .

¶23

4. It is also submitted that upon the aforementioned compromise, the learned court below vide order dated 4.01.2019 has accepted and verified the compromise only to the extent of the offence under Section 420 IPC, but declined to accept the compromise in relation to the offence under Section 120-B of IPC on the ground of the said offence being non-compoundable as per Section 320 Cr.P.C.

¶24

5. In view of compromise arrived at between the parties as well as the aforesaid order dated 04.1.2019 of the learned court below and applying the ratio in decision of Gian Singh Vs. State of Punjab & Anr. (supra) , this Court deems it just and proper to invoke its inherent powers under Section 482 Cr.P.C.

¶25

Accordingly, the present misc. petition is allowed and the petitioners are discharged of the offence under Section 120-B of IPC as well, in relation to Criminal Regular Case No.132/2018 pending before learned Addl. Chief Judicial Magistrate (PCPNDT) Act case, Bikaner in

¶26

(3 of 3)

¶27

connection with FIR No.246/2017 registered at Police Station Bichhwal, District Bikaner.”

¶28

The aforesaid order dated 10.01.2019 shall be read accordingly.

¶29

(DR.PUSHPENDRA SINGH BHATI),J

¶30

sudheer

Pradhana Ram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Pradhana Ram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Mamraj and Anr. Vs Madanlal and Ors.

Shanker Lal Vs Anil and Ors.

Roopa Ram Lumba Ram Vs State

Rajendra Kaur Vs State of Rajasthan

Aamin Khan Vs State

Basta Ram Vs State of Rajasthan