Ghishu Lal And Ors vs State Of Rajasthan And Ors

Heard learned counsel for the parties. Perused the material available on record.

The petitioners herein have been convicted vide Judgment dated 27.06.2013 passed by the learned Additional Chief Judicial Magistrate No.1, Chittorgarh in Criminal Case No.324/2009 as below:

Ghishu Lal, Ratan, Pyara and Motiya

Offences Under Sections

Sentences

Fine

Fine Default sentences

467 read with Section 120B IPC

3 Years' S.I.

Rs.2,000/

3 Months' Additional S.I.

Ghishu Lal

Offences Under Sections

Sentences

Fine

Fine Default sentences

471 IPC

3 Years' S.I.

Rs.2,000/

3 Months' Additional S.I.

Motiya

Offences Under Sections

Sentences

Fine

Fine Default sentences

419 IPC

1 Year's S.I.

Rs.1,000/

2 Months' Additional S.I.

The petitioners have preferred an appeal against the said Judgment which has been registered as Appeal No.105/2013 and is pending consideration before the Additional Sessions Judge No.No.3, Chittorgarh. The instant misc. petition has been presented by the petitioners with a prayer to quash their conviction and sentences on the ground that they have compromised the entire dispute with the complainant. A compromise deed was filed by the accused before the appellate court which stands accepted to the extent of the offence under Section 419 of the IPC but was rejected for the remaining offences (Sections 471, 467 and 120B IPC) as the same are non-compoundable.

Learned counsel Shri Deora representing the accused petitioners and Shri G.S. Bhati, Advocate representing the respondent No.2 complainant urged that the parties have mutually settled the entire dispute and the conviction of the accused petitioners as recorded by the trial court deserves to be quashed on the ground of compromise.

Learned Public Prosecutor has opposed the submissions advanced by learned counsel representing the parties urging that the trial court has convicted the accused petitioners for fraud and forgery which are offences against the State and thus, conviction of the petitioners should not be interfered with by exercising powers under Section 482 Cr.P.C. merely because the complainant has entered into a compromise with the accused.

I have given my thoughtful consideration to the submissions advanced at Bar and have perused the record.

The complainant Bhagwani initiated the criminal proceedings against the accused petitioners through a complaint alleging that she was the only daughter of Lala Bheel who expired on 02.02.2005. The accused are relatives of her father. They acted with fraud and by keeping her father in dark, they got an adoption deed prepared from her father showing her to be a consenting party. However, she alleged that she never appended her thumb impressions on the adoption deed. In view of the allegations as set out by the complainant in the complaint, it is clear that the dispute inter-se between the parties is a property dispute purely of private nature and no loss was caused to the State by the so-called fraud and forgery. The allegation that Motiya impersonated the complainant Bhagwani has been purged with the acceptance of the compromise.

In this background, I am of the opinion that conviction of the accused petitioners as recorded by the trial court deserves to be quashed by accepting the compromise in light of Supreme Court decision in the case of Gian Singh Vs. State of Punjab & Anr. reported in JT 2012(9) SC-426.

Accordingly, the compromise application dated 08.06.2015 filed by the respondent complainant before the appellate court is accepted and consequently, the conviction and sentences awarded to the petitioners by the learned Additional Chief Judicial Magistrate No.1, Chittorgarh vide judgment dated 27.06.2013 in Criminal Case No.324/2009 are hereby quashed. As a result, the appeal No.105/2013 filed by the petitioners against the said judgment which is pending before the learned Additional Sessions Judge, No.3, Chittorgarh is rendered infructuous and is dismissed as such.

The misc. petition is allowed in these terms. Stay application is disposed of.

Record be returned to the trial court forthwith.