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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Misc. Application No. 399/2022

in

S.B. Criminal Misc. Petition No.6317/2022

1.

Jagdish Bishnoi S/o Fagluram, Aged About 45 Years, B/c

Bishnoi, R/o Vinayakpura Bhawad, Tehsil Bawari, Dist.

Jodhpur.

2.

Ashok S/o Ramchandra Vishnoi, Aged About 35 Years, B/c

Bishnoi, R/o Vinayakpura Bhawad, Tehsil Bawari, Dist.

Jodhpur.

3.

Pokarram S/o Baluram, Aged About 65 Years, B/c

Bishnoi, R/o Netda, Tehsil Bhopalgarh, Dist. Jodhpur.

----Petitioners

Versus

1.

State Of Rajasthan, Through Public Prosecutor.

2.

Lunaram S/o Deeparam, Aged About 65 Years, B/c

Meghwal, R/o Vinayakpura Bhawad, Teh. Bawari, Dist.

Jodhpur.

----Respondents

For Petitioner(s)

:

Mr. Rajiv Bishnoi

For Respondent(s)

:

Mr. Shrawan Kumar Bishnoi, Public

Prosecutor

Mr. Harish Jangid for complainant

JUSTICE DINESH MEHTA

Order

24/01/2023

1.

The present application has been registered pursuant to a

letter sent by the learned Additional Civil Judge and Metropolitan

Magistrate No.1, Jodhpur Metropolitan, Jodhpur (hereinafter

referred to as "the trial Court") with forwarding letter of learned

District & Sessions Judge, Jodhpur Metropolitan, Jodhpur, seeking

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clarification in relation to order dated 18.10.2022, passed by this

Court in S.B. Criminal Misc. Petition No.6317/2022.

2.

It is to be noted that said petition under section 482 of the

Code of Criminal Procedure, 1973 (hereinafter referred to as "the

Code") was filed by three accused persons namely - Jagdish

Bishnoi, Ashok and Pokarram (out of the total five accused

persons) with an assertion that the complainant had entered into

compromise with them and an application under section 320 of

the Code for compounding the offence came to be filed on their

behalf.

3.

Since the trial Court had refused to compound the case, as

the offences alleged against the petitioners were not

compoundable, the aforesaid accused persons had approached

this Court by filing petition (S.B. Criminal Misc. Petition

No.6317/2022), invoking powers of this Court under section 482

of the Code.

4.

The said petition was allowed by this Court vide order dated

18.10.2022 and the proceedings in Criminal Case (NCV)

No.10595/2016 were quashed. Operative portion of the order

dated 18.10.2022 reads thus:-

"8. In view of the above, the criminal misc.

petition is allowed and the criminal proceedings

pending before learned Metropolitan Magistrate

No.1, Jodhpur Metropolitan in Criminal Case (NCV)

No.10595/2016 are quashed and set aside.

Consequence to follow."

5.

The remaining two accused persons namely - Jhumarram

(who absconded) and Anita Dhariwal were not included in the

compromise entered between the parties and therefore, neither

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any application under section 320 of the Code was filed on their

behalf nor any order in this regard could be passed.

6.

It is noteworthy that while disposing of S.B. Criminal Misc.

Petition No.6317/2022, this Court had quashed the proceedings of

Criminal Case (NCV) No.10595/2016 and technically the entire

proceedings stood quashed.

7.

Be that as it may.

8.

Mr. Jangid, learned counsel, who had instructions to appear

on behalf of the complainant, submits that recently (3-4 days

back) the complainant has passed away.

9.

This Court has examined the role of the remaining co-

accused persons. Having gone through the record, this Court is of

the considered opinion that as the complainant had entered into

compromise with the principal accused, no fruitful purpose will be

served by continuing the proceedings against the remaining two

accused persons (Jhumarram and Anita Dhariwal). That apart,

the complainant has passed away during the period interregnum,

hence, continuation of proceedings qua remaining two accused

persons will be abuse