HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
S.B. Criminal Misc(Pet.) No. 3562 / 2017
1. Sarwan Ram S/o Hardeen Ram
2. Kamla W/o Sarwan Ram
3. Manoj S/o Sarwan Ram
4. Ramesh S/o Sarwan Ram
5. Manju D/o Sarwan Ram
6. Yasoda D/o Sarwan Ram
7. Sarwan D/o Sarwan Ram, All Are by Caste Mali, R/o Koliya
Tehsil Didwana District Nagaur.
1. State of Rajasthan Through P.P.
2. Raju W/o Shankar Lal D/o Rampal, B/c Mali, R/o 6 Gh 16,
South Extension, Pawanpuri, Bikaner.
For Petitioner(s) : Mr.S.K.Verma
For Respondent(s) : Mr.V.S.Rajpurohit PP for the State.
HON’BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
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 11.02.2017
acquitted the petitioners of the offences under Sections 406 323
IPC, however, has not acquitted the petitioners of the offence
(2 of 2)
under Section 498A IPC being non-compoundable.
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 11.02.2017 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
petitioners are acquitted of the offence under Section 498A IPC as
well, in relation to Criminal Regular Case No.59/2006 pending
before the learned Metropolitan Judicial Magistrate No.3, Bikaner.
(DR. PUSHPENDRA SINGH BHATI)J.