S K KAKKAR Vs. YASHWANT SINGH

JUDGEMENT

(1.) THE two accused petitioners have filed this revision against the order of the learned Judicial Magistrate No. 1, Jodhpur dated 17. 9. 84. THE revision arises under the following circumstances:

(2.) ON a complaint filed by non-petitioner Yashwant Singh against the present petitioners, the court took cognizance of the offence u/s 448 I. P. C. against them. When the matter was pending for framing charges, an application was moved signed by both the parties and their learned counsel, on 4. 4. 84 that the matter has been compromised between the parties and the complainant did not went to further prosecute the case. It was further prayed that the accused may be acquitted. 4. 4. 84 was not the date fixed in the proceedings of this case and, therefore, the learned Magistrate recorded an order on the back of this application to the effect that the parties with their counsel had filed this application, the matter may be put up on the date of hearing alongwith case file. The next date was 18. 5. 84. ON that day when the case came up before the court, the Presiding Officer had already proceeded on transfer and his successor had not taken over. The case was, therefore, adjourned to 5. 5. 84 ON 5. 9. 84 an application was filed on behalf of the complainant that the compromise had been entered into between the parties on account of the allurement given by the accused persons to the complainant that his milk booth which had been discontinued shall be restored and that a letter for such a restoration had been shown to him. However, that booth had not been restored and, therefore, the complainant was not now willing to get the compromise recorded. The accused-persons filed a reply to this application. It was not denied that there was an assurance about the restoration of the milk booth but it was on the condition that the complainant waste deposit the arrears within 15 days whereupon his licence for the milk booth would be restored. It was, however, contended that the complainant failed to deposit the arrears as agreed and, therefore, the booth could not be restored. It was, however, contended that the complainant cannot go back the compromise already arrived at on 4 4. 8 4. The reply also referred to a suit filed by the complainant for restoration of the milk booth and its dismissal. Reference was also made to the fact that the Dairy Corporation has also filed a suit for recovery of the arrears against the complainant which was pending.

(3.) I have given my careful consideration to the rival contentions.