HEERA LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioners, who stand convicted in the trial for the FIR No.39/2011 registered at Police Station Rawatsar, have come up before this Court under Sec. 482 Cr.P.C. for quashing the judgment of conviction, sentence, charges, and the FIR, based on the compromise with the victim.

(2.) Learned counsel for the petitioners submits that the respondent No.2-complainant and the petitioners had entered into a compromise in the spirit of Lok Adalat during the course of trial but the learned Additional Chief Judicial Magistrate, Nohar, Distt. Hanumangarh, while acquitting the petitioners of offences under Ss. 341, 323/34 of IPC on the basis of compromise, convicted and sentenced them for offence under Sec. 326/34 IPC vide judgment and order dt. 9/4/2021. The petitioners preferred an appeal before the court of learned Additional Sessions Judge No.2, Nohar, Hanumangarh. An application was also moved by the petitioners before the appellate court seeking compound the offence under Sec. 326/34 of IPC but the same was dismissed vide order dt. 8/2/2023.

(3.) Learned counsel for the respondent No.2 has submitted that the respondent No.2/complainant has no objection if the conviction of the petitioners for offence under Ss. 326/34 IPC is set aside.