HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
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.
1. The State of Rajasthan
2. Matra Devi W/o Mohan Lal,, Aged About 50 Years, Resident of
Haliwada, Tehsil District Sirohi.
For Petitioner(s) : Mr.Richin Surana
For Respondent(s) : Mr.V.S.Rajpurohit PP for the State.
HON’BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
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)
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
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
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.