POORAN SINGH Vs. UDAIVEER SINGH

JUDGEMENT

(1.) These two criminal misc. petitions under Section 482, Cr.P.C. have been filed by petitioner-complainant Pooran Singh for recalling the order dated 7.8.2003 passed by this Court and for quashing the order dated 4.9.2003 passed by the Juvenile Justice Board, Bharatpur.

(2.) The relevant facts giving rise to these petitions are that petitioner-complainant Pooran Singh made a written report at P.S. Chiksana alleging that his daughter Kumari Seema aged 9 years along with the daughter of his brother Kumari Pinki aged about 9 years had gone to fetch woods from the field in the jungle. Non-petitioner Udaiveer Singh alias Khunta went there and committed rape with Kumari Seema. An FIR No. 24/2002 was lodged, on the basis of the said report and after investigation the challan against non-petitioner Udaiveer Singh for offence under Section 376 Indian Penal Code and Section 3 of the SC/ST (Prevention of Atrocities) Act, 1989 was filed whereupon, a Criminal Case No. 40/2002 was registered in the Juvenile Justice Board, Bharatpur as non-petitioner No. 1, Udaiveer Singh was a child. Amar Singh, the father of Udaiveer Singh filed bail application before the Board which was dismissed on 6.3.2003. The appeal filed against the said order before the learned Sessions Judge, Bharatpur was also dismissed on 10.3.2003. He, then, filed a revision petition being S.B. Cr. Revision Petition No. 488/2003 against the said appellate order. The aforesaid criminal revision petition was fixed for 7.8.2003. On the said date, Mr. Rakesh Kumar, learned Advocate appearing for non-petitioner No. 1, Udaiveer Singh and Mr. G.S. Rathore, learned Public Prosecutor for the State jointly submitted before this Court that in view of the compromise having been arrived at between the parties, the proceedings may be quashed so that there might not be any more bitterness between the parties. Reference was made to the case of B.S. Joshi and Ors. v. State of Haryana and Ors., 2003 (4) SCC 675. Accordingly, this Court relying upon their joint statements allowed the revision petition and quashed the orders dated 6.3.2003 passed by the Principal Magistrate, Juvenile Justice Board, Bharatpur and the order dated 10.3.2003 passed by the learned First Appellate Court. Pursuant thereto the proceedings pending before the learned Juvenile Justice Board, Bharatpur against Udaiveer Singh were dropped on 4.9.2003 and he was released. When the petitioner-complainant came to know of the order passed by this Court on 7.8.2003, he appears to have filed an application before the Board disputing the fact that any compromise between the parties had been arrived at. Thereafter, he filed these two petitions before this Court as indicated above.

(3.) S.B. Cr. Misc. Petition No. 1264/2003, seeks recalling of the order dated 7.8.2003 passed by this Court whereby the order dated 6.3.2003 passed by the learned Principal Magistrate, Juvenile Justice Board, Bharatpur and order dated 10.3.2003 passed by the learned Sessions Judge, Bharatpur were quashed whereas S.B.Cr. Misc. Petition No. 50/ 2004, seeks quashing of the order dated 4.9.2003 passed by the Juvenile Justice Board, Bharatpur pursuant to the order of this Court dated 7.8.2003. Since the order dated 4.9.2003 had been passed pursuant to the order of this Court dated 7.8.2003 and in case the order dated 7.8.2003 is recalled, the very basis for passing the order dated 4.9.2003 would vanish and consequently the order dated 4.9.2003 would stand quashed.