Allowed

Khan Mohammad v. Shabbir and Ors.

Rajasthan HC18 Feb 2020CRLR/373/1998

Case brief

AI extract

What is this about?

The High Court allowed the appellants' challenge to conviction on Sections 325/34 and 323 IPC on grounds of amicable settlement under Section 320 Cr.P.C., ordering acquittal. The complainant's revision and State's appeal against acquittal were dismissed.

What did the court decide?

Appellants acquitted of charges under Sections 325/34 and 323 IPC; appeal allowed on basis of compromise; bail bonds cancelled.

Khan Mohammad Vs Shabbir and Ors. — Cheque Dishonour | Rajasthan HC (2020)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN

¶2

BENCH AT JAIPUR

¶3

S.B. Criminal Appeal No. 311/1997

¶4

Shabbir son of Shri Hasan Ali,

¶5

Nawab Ali son of Shri Hasan Ali,

¶6

Ayub Khan son of Shri Hasan Ali,

¶7

Iqbal @ Iliyas S/o Hasan Ali,

¶8

All by caste Kayamkhani Musalman, Residents of Village Baiswa, Police Station Sadar Fatehpur, District Sikar (Rajasthan.) (Accused in District Jail Sikar.)

¶9

----Accused-Appellant

¶10

Versus

¶11

The State of Rajasthan, through PP.

¶12

----Respondent

¶13

Connected With

¶14

S.B. Criminal Revision Petition No. 373/1998

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Khan Mohammad S/o Shri Hakam Ali by caste Kayamkhani Musalman, Resident of Village Baiswa, Resident of Village Baiswa, Police Station Sadar Fatehpur, District Sikar (Rajasthan.)

¶16

----Complainant/Petitioner

¶17

Versus

¶18

Shabbir son of Hasan Ali,

¶19

Nawab Ali son of Hasan Ali,

¶20

Ayub Khan son of Hasan Ali,

¶21

Iqbal @ Iliyas S/o Hasan Ali,

¶22

Hasan Ali son of Sadul Khan,

¶23

All by caste Kayamkhani Musalman, residents of Village Baiswa, P.S. Sadar Fatehpur, District Sikar.

¶24

----Accused-Respondent

¶25

S.B. Criminal Appeal No. 487/1999

State Of Rajasthan

----Appellant

Versus

Shabeer son of Shri Hasan Ali,

¶30

Nawab Ali son of Shri Hasan Ali,

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Ayub Khan son of Shri Hasan Ali,

¶32

(2 of 4)

¶33

[CRLA-311/1997]

¶34

Iqbaal @ Ilias S/o Shri Hasan Ali,

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Hasan Ali son of Shri Sabule Khan,

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All by caste Kayamkhani Musalman, residents of Gram Beswa, P.S. Sadar Fatehpur, District Sikar.

¶37

----Accused - Respondent

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For Accused: Mr. A.N. Khan with Mr. Intjar Ali Appellant(s) For State : Mr. Bhawani Shankar Sharma, PP For Complainant(s) : Mr. Paker Farooq

¶39

HON'BLE MR. JUSTICE GOVERDHAN BARDHAR

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Order

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18/02/2020

¶42

S.B. Criminal Appeal No.311/1997 has been filed by accused appellants - Shabbir, Nawab Ali, Ayub Khan and Iqbal @ Iliyas challenging the conviction and sentence passed by the Court of Additional Sessions Judge, Sikar vide judgment dated 24.7.1997 in Sessions Case No.15/96 for the offences under Sections 325/34 and 323 IPC.

¶43

Learned counsel for the accused-appellants submits that during the pendency of appeal accused-appellant Iqbal @ Iliyas has expired. Therefore, the appeal qua appellant Iqbal @ Iliyas be dismissed as having been abated.

¶44

In view of above, the criminal appeal qua appellant No.4 – Iqbal @ Iliyas S/o Hasan Ali is dismissed as having been abated.

¶45

S.B. Criminal Revision Petition No.373/1998 has been filed by complainant – Khan Mohammad challenging the judgment dated 24.07.1997 passed by the Court of Additional Sessions Judge, Sikar whereby the trial Court acquitted the accused

¶46

(3 of 4)

¶47

[CRLA-311/1997]

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respondents for the offences under Sections 147, 148, 307/149, 326/149, 325/149, 324/149 and 323 IPC.

¶49

S.B. Criminal Appeal No.487/1999 has been filed by the State challenging the judgment of acquittal dated 24.7.1997 passed by the Court of Additional Sessions Judge, Sikar whereby, the trial Court acquitted the appellants for the offences under Sections 307, 307/149, 326/149 and 324/149 IPC.

¶50

Today matter has come up for orders on applications (I.A. No.2/2019 filed in S.B. Criminal Appeal No. 311/1997 and I.A. No.1 dated 14.12.2019 filed in S.B. Criminal Appeal No.487/1999) stating therein that during the pendency of aforesaid appeal, complainant party and accused party, who are from the same village and are relatives, have amicably settled their dispute in the spirit of Lok Adalat.

¶51

Learned counsel submits that the alleged incident took place in the year 1994 and since then the accused-appellants are facing mental trauma.

¶52

Learned counsel for the complainant on instructions and on the basis of compromise submits that in view of amicable settlement arrived at in between both the parties, he does not want to press the criminal revision petition filed by the complainant against the judgment of acquittal.

¶53

However, both the learned counsel appearing for the contesting parties have jointly submitted that the offence under Section 325/34 and 323 IPC under which the accused-appellants have been convicted and sentenced, the same is compoundable by the person to whom hurt is caused in terms of provisions of Section 320 Cr.P.C., which is compounded by the injured.

¶54

(4 of 4)

¶55

[CRLA-311/1997]

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Learned Public Prosecutor appearing for the State submits that if the parties are allowed to enter into compromise and the matter is closed on the basis of compromise in view of provisions of Section 320 Cr.P.C., he has no objection.

¶57

Complainant - Khan Mohammad along with injured Nizam Khan and Zafar Khan are present in person in the Court today and they have marked their presence in the Court file which is duly identified by their counsel.

¶58

In terms of provisions of Section 320 Cr.P.C., the offence under Sections 325/34 and 323 IPC under which the accused appellants have been convicted, is compounded as per provisions of Section 320 Cr.P.C. Compounding of offence under Sections 325/34 and 323 IPC obviously entails acquittal of accused appellant.

¶59

In the result, the S.B. Criminal Appeal No.311/1997 (Shabbir and Ors. Vs. State of Rajasthan) is allowed in terms of aforesaid compromise and the accused-appellants are acquitted of the charge levelled against them. The appellants are on bail, their bail bonds shall stand cancelled.

¶60

In view of the fact that the criminal appeal filed by the accused-appellants has been allowed on the basis of compromise in terms of provisions of Section 320 Cr.P.C., the criminal revision petition No.373/1998 filed by the complainant and criminal appeal No.487/1999 filed by the State against the judgment of acquittal, do not survive and accordingly stand dismissed.

¶61

Pending application(s), if any, stand(s) disposed of.

¶62

Registry is directed to place a copy of this order in each connected file.

¶63

(GOVERDHAN BARDHAR),J

¶64

Sharma NK/Dheeraj /17-19

Khan Mohammad v. Shabbir and Ors.

Case brief

What is this about?

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Khan Mohammad v. Shabbir and Ors.

Case brief

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