HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
S.B. Criminal Misc(Pet.) No. 1928 / 2017
1. Khushi Ram S/o Late Shri Thawar Das
2. Smt. Jethi Devi W/o Late Shri Thawar Das, Both by Caste
Sindhi, Resident of Ward No. 27, Near Laxmi Narayan Mandir,
Sujangarh, District Churu. (Raj.)
1. The State of Rajasthan
2. Jyoti Sindhi W/o Shri Khushi Ram, D/o Shri Ram Chandra, By
Caste Sindhi Resident of Ward No. 21, Holi Dhora, Mukam
Ratangarh, District Churu (Raj.)
For Petitioner(s) : Mr. Dharmendra Surana.
For Respondent(s) : Mr. AS Rathore, PP for the State.
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 24.04.2017
acquitted the petitioner of the offence under Section 406 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 24.04.2017 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 Section 498-A as well,
in relation to Criminal Original Case No.103/2010 pending before
the Learned Additional Chief Judicial Magistrate, Ratangarh
(DR. PUSHPENDRA SINGH BHATI)J.