Insaf Khan & Anr vs State on 25 August, 2017

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 2609 / 2017

1. Insaf Khan S/o Shri Chotu Khan, Aged About 25 Years, By
Caste Muslim R/o Jaimal Nagar, Merta City, District Nagaur At
Present Dargah Chauk, Madrena Colony, Jodhpur.

2. Smt. Saheen Parvez D/o Shri Majid Khan, Aged About 22 Years,
By Caste Muslim, R/o Kayamkhani Basti, Krishi Mandi, Madina
Colony, Kadri Chauk, Fornt of Government Hospital, Jodhpur.

—-Petitioners
Versus
State of Rajasthan

—-Respondent
__
For Petitioner(s) : Mr. Salman Agha.
For Respondent(s) : Mr. MS Panwar PP for the State.
__
HON’BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
25/08/2017

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 19.07.2017

acquitted the petitioner of the offences under Sections 406 and

323 of IPC, however, has not acquitted the petitioner of the

offence under Sections 498A, 377 of IPC.

(2 of 2)
[CRLMP-2609/2017]

In view of compromise arrived at between the parties as well

as the aforesaid order dated 19.07.2017 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 allowed and the

order dated 4.07.2017 passed by Additional Chief Metropolitan

Magistrate No.2, Jodhpur Metro in case No.17/2015 titled as State

vs. Insaf Khan is quashed and set aside.

(DR. PUSHPENDRA SINGH BHATI)J.

ck

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