HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
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.
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,
For Petitioner(s) : Mr. Dinesh Jyani
For Respondent(s) : Mr. MS Panwar, PP
Mr. Dharmendra Jasmatra, for the
HON’BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
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
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)
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.