Lada Ram & Anr vs State & Anr on 23 May, 2017

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 626 / 2017

1. Lada Ram S/o Shri Sankala Ji,

2. Pepi Devi W/o Lada Ram, Both by Caste Guru, Resident of
Village Dhan, Tehsil Reodar, District Sirohi.

—-Petitioners
Versus

1. The State of Rajasthan

2. Matra Devi W/o Mohan Lal,, Aged About 50 Years, Resident of
Haliwada, Tehsil District Sirohi.

—-Respondents
__
For Petitioner(s) : Mr.Richin Surana
For Respondent(s) : Mr.V.S.Rajpurohit PP for the State.
__
HON’BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
23/05/2017

The application for dispensing with filing of the certified

copy of the proceedings of Criminal Regular Case No.9/2010 for

the offence under Section 498A IPC pending before the learned

Judicial Magistrate, Sirohi is allowed.

With the consent of learned counsel for the parties, the

matter is finally heard.

This criminal misc. under Section 482 Cr.P.C. has been

preferred for quashing the whole proceedings of Criminal Regular

Case No.9/2010 for the offence under Section 498A IPC pending

before the learned Judicial Magistrate, Sirohi.

After observing the order regarding the compromise

between the parties passed by the learned court below on
(2 of 2)
[CRLMP-626/2017]

24.08.2013, the following order on merits is passed.

The compromise signed by both the parties, which is

also on record in this misc. petition, was presented before the

learned court below, wherein the learned court below on

24.08.2013 has observed that the offence under Section 498A IPC

is non-compoundable, and therefore, declined to accept and verify

the same.

In view of the above, the matter is squarely covered by

the decision rendered by the Hon’ble Supreme Court in case of

Gian Singh V/s. State of Punjab Anr. [(2012) 10 SCC

303].

In view of compromise arrived at between the parties

and applying the ratio in decision of Gian Singh Vs. State of

Punjab Anr. (supra), I deem it just and proper to invoke

inherent powers of this Court under Section 482 Cr.P.C.

Accordingly, the present misc.petition is allowed and the

petitioner is acquitted of the offence under Section 498A IPC, in

relation to Criminal Regular Case No.9/2010 for the offence under

Section 498A IPC pending before the learned Judicial Magistrate,

Sirohi. The stay application also stands disposed of.

(DR. PUSHPENDRA SINGH BHATI)J.

Skant/-

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