HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
S.B. Criminal Misc(Pet.) No. 2608 / 2017
1. Arun Kumar Sain S/o Jankidas Sain, Aged About 40 Years, B/c
2. Smt. Manjulata W/o Jankidas Sain, Aged About 60 Years, B/c
3. Jankidas Sain S/o Late Shri Motilal, Aged About 66 Years, B/c
Sain R/o-18/789, Chopasani Housing Board, Jodhpur. (Accused)
4. Smt. Dushyanti Sain W/o Arun Kumar D/o Gulabchand, B/c
Sain R/o Kuchaman Haveli, Mertigate, Jodhpur. (Complianant)
State of Rajasthan
For Petitioner(s) : Mr.H.M.Saraswat
For Respondent(s) : Mr.V.S.Rajpurohit PP
HON’BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
1. It is stated at the Bar that the parties have entered into a
compromise. 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 15.10.2015
discharged the petitioners of the offence under Section 406 IPC,
however, has not discharged the petitioners of the offence under
Section 498A IPC being non-compoundable.
(2 of 2)
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].
4. In view of compromise arrived at between the parties as well
as the aforesaid order dated 15.10.2015 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 discharged of the offence under Section 498A IPC as
well, in relation to Criminal Case No.620/2011 pending before the
learned Judicial Magistrate, Jodhpur, Distt.Jodhpur in FIR
No.52/2007, P.S. Mahila Jodhpur pertaining to offence under
Section 498A IPC.
(DR. PUSHPENDRA SINGH BHATI)J.