Satish Sharda & Ors vs State on 19 May, 2017

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
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,
Jodhpur.

—-Petitioners
Versus
State of Rajasthan

—-Respondent
__
For Petitioner(s) :Mr. Salman Agha, Mr. Pawan Rankawat
For Respondent(s) Mr. MS Panwar, PP
__
HON’BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
19/05/2017

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

Section 498A.

(2 of 2)
[CRLMP-1511/2017]

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.

sudheer

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