HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
S.B. Criminal Misc(Pet.) No. 1511 / 2017
1. Satish Sharda S/o Satya Narayan Sharda,, Aged About 37
Years, By Caste Maheshwari,
2. Satya Narayan Sharda S/o Late Shri Sohanraj Ji,, By Caste
Maheshwari Both R/o 11/643 Chopasani Housing Board, Jodhpur.
3. Smt. Anshu D/o Shri Shayamsunder Bhootra,, Aged About 31
Years, By Caste Maheshwari, R/o Jation Ki Gali, Khanda Phalsa,
State of Rajasthan
For Petitioner(s) :Mr. Salman Agha, Mr. Pawan Rankawat
For Respondent(s) Mr. MS Panwar, PP
HON’BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
It is stated at the Bar that a compromise signed by all the parties
is submitted with the present petition. It is borne out from the
compromise that complainant is not inclined to proceed further in
the matter. Learned counsel for the parties have placed
reliance on a decision of Supreme Court in case of Gian Singh
V/s. State of Punjab Anr. [(2012) 10 SCC 303].
It is also submitted that upon the aforementioned
compromise, the learned court below vide order dated 04.03.2017
acquitted the petitioner of the offences under Sections 323, 406 of
IPC, however, has not acquitted the petitioner of the offence under
(2 of 2)
In view of compromise arrived at between the parties as well
as the aforesaid order dated 04.03.2017 of the learned court
below 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 Sections 498A as well,
in relation to Criminal Original Case No.106/2013(5625/2016)
pending before the Learned Additional Civil Judge and
metropolitan Magistrate No.6.
(DR. PUSHPENDRA SINGH BHATI)J.