NEMA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of present petition preferred under Sec. 482 of the Code of Criminal Procedure (hereinafter referred to as "the Code") by the petitioners against their conviction under Ss. 467, 468, 471 and 120-B of Indian Penal Code per viam order dtd. 11/1/2022 passed by the Additional Chief Judicial Magistrate, Sujangarh, District Churu (hereinafter referred to as 'the trial Court') with a prayer that their conviction be quashed on the basis of compromise.

(2.) The facts precisely narrated are that the petitioners were being tried for the above referred offences pursuant to an FIR that was filed by the respondent No.2. During the course of trial, the petitioners and the complainant entered into a compromise and the same was produced before the trial Court, however, the trial Court refused to acquit the petitioners on the basis of compromise observing inter-alia that the compromise has been produced at belated stage and the offences alleged against the petitioners were non-compoundable.

(3.) Having refused to acquit the petitioners on the basis of compromise, the trial Court passed the judgment dtd. 11/1/2022 and convicted the petitioners for the above referred offences and awarded seven years' simple imprisonment while acquitting them of the offence under Sec. 420 of the Indian Penal Code.