Sunil Tejwani & Ors vs State & Anr on 24 July, 2017

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 3657 / 2015

1. Sunil Tejwani son of Shree Dhanraj Tejwani

2. Dhanraj Tejwani son of Dauram

3. Smt. Vimla wife of Shree Dhanraj Tejwani
All by caste Harijan, all residence of Makan No.B-1, Baggikhana
Colony, near defense Laboratory, Ratanada, Jodhpur.

—-Petitioners
Versus

1. State of Rajasthan.

2. Smt. Vasundhara wife of Premaram D/o Shree raju barasa by
caste Harijan, resient of Dr. Bheem rao ambedkar colony, near
ganesh hotel, banar road, Jodhpur

—-Respondents
__
For Petitioner(s) :Mr. DS Baghela
For Respondent(s) :Mr. VS Rajpurohit, PP
__
HON’BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
24/07/2017

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].

It is also submitted that upon the aforementioned

compromise, the learned court below vide order dated 04.08.2015

acquitted the petitioner of the offences under Sections 406 IPC,

however, has not acquitted the petitioner of the offence under
(2 of 2)
[CRLMP-3657/2015]

Sections 498A IPC being non-compoundable.

In view of compromise arrived at between the parties as well

as the aforesaid order dated 04.08.2015 of the learned court

below and applying the ratio in decision of Gian Singh Vs. State

READ  Dilip Vasant Sawant-vs-The State Of Maharashtra on 27 January, 2010

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 Sections 498A IPC as

well in relation to criminal case No.186/2011 pending before the

learned Civil Judge Judicial Magistrate Jodhpur District, Jodhpur.

(DR. PUSHPENDRA SINGH BHATI)J.

sudheer

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