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Ganpat Prajapat & Anr vs State & Anr on 9 November, 2017

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 3519 / 2017

1. Ganpat Prajapat Son of Shree Narayan Prajapat, Aged About 33
Years, (Accused).

2. Smt Sarswati Devi Wife of Shree Narayan Prajapat, Aged About
55 Years, (Accused). Both by Caste Prajapat Both Residence of
Plot No. 155, Gali No. 9, Opposite Cambridge School, Subhash
Colony Bhagat Ki Kothi, Jodhpur.

—-Petitioners
Versus

1. State of Rajasthan.

2. Smt. Sunita Wife of Ganpat Prajapat, D/o Shree Madan Gopal,
Aged About 31 Years, By Prajapat, Residence of Makan No. 55,
Aajad Hind Market, Masuriya, Jodhpur.

—-Respondents
__
For Petitioner(s) : Mr. Dilip Singh Baghela.
For Respondent(s) : Mr. MS Panwar PP.

Mr. LD Gaur.

__
HON’BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
09/11/2017

1. The petitioners have preferred this misc. petition under

Section 482 of Cr.P.C. for quashing the order dated 22.06.2017

passed by learned Civil Jude Judicial Magistrate Jodhpur in

Criminal Regular Case No.442/2011, FIR No.78/2010, registered

at Police Station Mahila Thana, Jodhpur for the offence under

Section 498-A of IPC.

2. 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
(2 of 2)
[CRLMP-3519/2017]

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].

3. It is also submitted that upon the aforementioned

compromise, the learned court below vide order dated 22.06.2017

acquitted the petitioners of the offences under Section 406 IPC,

however, has not acquitted the petitioner of the offence under

Section 498-A of IPC.

4. In view of compromise arrived at between the parties

as well as the aforesaid order dated 22.06.2017 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 order dated 22.06.2017 passed by learned Civil Judge

Judicial Magistrate Jodhpur District Jodhpur in Criminal Regular

Case No.442/2011 for the offence under Section 498-A of IPC is

quashed and set aside.

(DR. PUSHPENDRA SINGH BHATI)J.

ck

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