Rajesh Soni vs State & Anr on 14 July, 2017

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 1857 / 2017
Rajesh Soni S/o Sh. Amritlal Soni, B/c Soni R/o Dodidaron-Ka-
Mohalla, City Police, P.S. Sadar Kotwali, Jodhpur.

—-Petitioner
Versus

1. State of Rajasthan.

2. Smt. Kiran Soni W/o Rajesh Soni D/o Late Sh. Khemraj Soni,
R/o Old Post Office Wali Gali, Kabootaron-Ka-Chowk Presently
Residing At Dodidaron-Ka-Mohalla, City Police, P.S. Sadar, Kotwali,
Jodhpur.

—-Respondents
__
For Petitioner(s) : Mr. Dinesh Jyani
For Respondent(s) : Mr. MS Panwar, PP
Mr. Dharmendra Jasmatra, for the
complainant
__
HON’BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
14/07/2017

1. It is stated at the Bar that a compromise signed by all

the parties is submitted before the learned court below. 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. It is also submitted that upon the aforementioned

compromise, the learned court below vide order dated 18.03.2017

acquitted the petitioner of the offences under Sections 406, 323

IPC, however, has not acquitted the petitioner of the offence under
(2 of 2)
[CRLMP-1857/2017]

Sections 498-A IPC.

3. In view of compromise arrived at between the parties

as well as the aforesaid order dated 18.03.2017 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.

4. Accordingly, the present misc.petition is allowed and

the petitioner is acquitted of the offence under Section 498A IPC

as well. The criminal proceedings in criminal case No.473/2011

titled as State Vs. Rajesh Soni pending the learned Judicial

Magistrate, Jodhpur District, Jodhpur pertaining to offence under

Section 498 A IPC and FIR is quashed and set aside.

(DR. PUSHPENDRA SINGH BHATI)J.

sudheer

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