Vijay Sinhgh Bhaiya & Anr vs State & Anr on 10 July, 2017

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 1841 / 2017

1. Vijay Singh Bhaiya Son of Mahendra Singh, By Caste-Rajput,
Resident of Opp. Adarsh Vidhya Mandir, Gadisar Road, Ganga
Sahar, District Bikaner.

2. Thakur Das Son of Mahendra Singh, By Caste-Rajput, Resident
of Opp. Adarsh Vidhya Mandir, Gadisar Road, Ganga Sahar, District
Bikaner.

—-Petitioners
Versus

1. State of Rajasthan Through Public Prosecutor.

2. Henu @ Pooja Wife of Vijay Singh Daughter of Rajendra Singh
Solanki, Resident of C/o Ratan Singh Son of Ganga Singh,
Resident of House No. 228, Baldev Nagar, Jodhpur.

—-Respondents
__
For Petitioner(s) : Mr.Firoz Khan
For Respondent(s) : Mr.V.S.Rajpurohit PP for the State.

Mr.Kuldeep Purohit.

__
HON’BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
10/07/2017

It is stated at the Bar that a compromise has happened

between the parties. 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 03.04.2017

has verified the same and acquitted petitioner No.1-Vijay Singh
(2 of 2)
[CRLMP-1841/2017]

Bhaiya only to the extent of the offences under Sections 406 and

323 IPC, however, has not acquitted him of the offences under

Sections 498A and 354 IPC.

In view of compromise arrived at between the parties

as well as the aforesaid order dated 03.04.2017 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 partly allowed

and petitioner No.1-Vijay Singh Bhaiya is acquitted of the offences

under Sections 498A and 354 IPC as well, in relation to Criminal

Case No.09/2013 pending before Judicial Magistrate No.5, Jodhpur

Metropolitan under Sections 498A, 406, 323 and 354 IPC arising

out of FIR No.268/2012 registered at Police Station, Mahila,

Jodhpur for the offences under Sections 498A and 354 IPC.

However, petitioner No.2-Thakur Das shall be at liberty to

approach the learned court below with a fresh compromise for

verification thereof.

(DR. PUSHPENDRA SINGH BHATI)J.

Skant/-

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