Sarwan Ram & Ors vs State & Anr on 30 October, 2017

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
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.

—-Petitioners
Versus

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.

—-Respondents
__
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
Order
30/10/2017

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 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)
[CRLMP-3562/2017]

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.

Skant/-

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