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2022 Supreme(Raj) 2869

BIRENDRA KUMAR
Mamta – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Mr. Girraj P. Sharma, for the Appellant; Mr. Prashant Sharma, PP, for the Respondent

ORDER

1. Defect/s pointed out by the Office is ignored.

2. Application (IA No.1/2022) stands disposed of.

3. Applicant Sunita Saini and her husband Rajkumar Saini have filed this application for recall of order dated 05.07.2022 passed in S.B. Criminal Misc. Petition No.5428/2022, whereby, on the basis of compromise between the parties, the FIR No.98/2015 registered with Samod Police Station, Jaipur Rural was quashed.

4. Learned counsel for the applicants submits that the accused of the case was declared elected in the Panchayat Election, wherein, the accused had produced forged documents of his educational qualification at the time of election. One of the applicants was a candidate in the said election.

5. Learned counsel for the applicants submits that an Election Petition was filed against the accused and that petition is still pending for adjudication. In the meantime, the informant of the FIR entered into a compromise with the accused person and a compromise petition was filed before the court below. The court below accepted compounding of only compoundable offences whereas, refused to compound the non-compoundable offences. Moreover, the compromise was entered into at the stage of

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