Sanjay Singh & Ors vs State & Ors on 17 July, 2017

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 2185 / 2017

1. Sanjay Singh Son of Lal Singh, Aged About 45 Years

2. Lal Singh Son of Tej Dan, Aged About 75 Years

3. Aruna Wife of Lal Singh, Aged About 65 Years

4. Shashi Wife of Pradeep Udas, Aged About 43 Years

5. Surbhi Wife of Jaswant Charan, Aged About 40 Years, All Are
B/c Charan, Resident of Village Borunda, Tehsil Bilara, District
Jodhpur.

—-Petitioners
Versus

1. State of Rajasthan

2. Sanjeev Kanwar Wife of Sanjay Singh D/o Viwar Dan, Aged
About 43 Years, B/c Charan, Resident of Indira Colony, UIT
Quarters, Bikaner.

3. Viver Dan Son of Kishan Dan, Aged About 70 Years, B/c Charan,
Resident of Indira Colony, UIT Quarters, Bikaner.

—-Respondents
__
For Petitioner(s) : Mr. AD Ujjwal.

For Respondent(s) : Mr. MS Panwar PP for the State.
__
HON’BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
17/07/2017

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].

(2 of 2)
[CRLMP-2185/2017]

It is also submitted that upon the aforementioned

compromise, the learned court below vide order dated 22.06.2017

acquitted the petitioner of the offences under Sections 406 IPC,

however, has not acquitted the petitioners of the offence under

Section 498.

In view of compromise arrived at between the parties as well

as the aforesaid order dated 22.06.2017 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 qua

the petitioner No.1 to 4 and the impugned order dated 22.06.2017

passed in Cr. Case No.388/2012 arising out of FIR No.21/2011

Police Station Mahila Police Thana, Bikaner, pending before

Additional Judicial Magistrate No.1, Bikaner may kindly be

quashed and set aside.

However, petitioner No.5 shall be at liberty to submit a fresh

compromise before the learned court below. Petitioner No.5 shall

also be at liberty to approach this Court again, if in case need

arises

(DR. PUSHPENDRA SINGH BHATI)J.

ck

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