Pawan vs State & Anr on 14 September, 2017

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 2902 / 2017
Pawan S/o Shri Shankar Lal, Resident of Khandu Colony,
Banswara.

—-Petitioner
Versus

1. The State of Rajasthan

2. Smt. Harshita Nagauri W/o Shri Vikki Nagauri, Resident of Kalal
Colony, Gali No. 10, Nagauri Gate, Jodhpur.

—-Respondents
__
For Petitioner(s) : Mr.C.S.Rajpurohit
For Respondent(s) : Mr.V.S.Rajpurohit PP for the State.

Mr.Kaniya Lal Joshi.

__
HON’BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
14/09/2017

1. It is stated at the Bar that a compromise has been arrived at

between the parties. It is borne out from the compromise that

complainant is not inclined to proceed further in the matter.

2. It is also submitted that upon the aforementioned

compromise, the learned court below vide order dated 02.06.2017

acquitted the petitioner of the offences under Sections 323, 341

and 506 IPC, however, has not acquitted the petitioner of the

offence under Section 354 IPC.

3. 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-2902/2017]

4. In view of compromise arrived at between the parties as well

as the aforesaid order dated 02.06.2017 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.

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

petitioner is acquitted of the offence under Section 354 IPC as

well, in relation to Criminal Case No.28/2014 pending before the

learned Metropolitan Magistrate No.5, Jodhpur Metropolitan.

(DR. PUSHPENDRA SINGH BHATI)J.

Zeeshan/

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