RAMJI LAL AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Contention of the learned counsel for petitioners is that both these cases are cross-cases. In Criminal Case No.417/1997 (State v. Ramjilal and Ors.) in SB Crlmp No.2068/10, application of the petitioners filed u/S.70(2) Cr.P.C. has been dismissed and vise-versa in Criminal Case No. 888/2004 (416/1997) (State v. Gopal and Ors.) in SB Crlmp No. 2069/10. Alleged offence from both the sides is one u/S.325 IPC with other minor offences and all of them are compoundable. In fact, compromise was arrived at in both the cases in between the respective petitioners through mediators of village panchayat in the year 2000 itself, according to which, parties in cross cases have decided not to pursue the criminal case against each other and therefore they were under the impression that cases against each other would stand drop but somehow they could not appear in the trial. Eventually now, arrest warrants have been issued. It is contended that duly attested compromise deed has been filed before the trial court in both the cases. Matter is likely to be attended and the proceedings to be dropped in other case.

(2.) Learned Public Prosecutor has opposed both the petitions.

(3.) Having regard to the facts stated above and keeping in view the fact that matter has been compromised between the parties and offences are otherwise bailable and petitioners have been granted bail, arrest warrants issued against them deserve to be converted into bailable warrants.