Manish Prajapat & Ors vs State & Anr on 17 November, 2017

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 3999 / 2017

1. Manish Prajapat S/o Shri Kailash Prajapat, Aged About 29 Years

2. Kailash Prajapat S/o Late Shri Pusa Ram, Aged About 60 Years

3. Smt. Santosh W/o Shri Kailash Prajapat, Aged About 59 Years,
All by Caste Kumhar Resident of House No. 148, Ravi Nagar, Near
Bhadu Market, PS Chopasani Housing Board, Jodhpur (Raj.)

—-Petitioners
Versus

1. The State of Rajasthan

2. Smt. Karishma Prajapat W/o Shri Manish Prajapat, D/o Shri
Laxmi Narayan Ji Prajapat, Aged About 27 Years, By Caste
Kumhar, Resident of 9/529, Chopasani Housing Board, Jodhpur
(Raj.)

—-Respondents
__
For Petitioner(s) : Mr. Dharmendra Surana.
For Respondent(s) : Mr. MS Panwar PP.

Mr. R Bhatnagar.

__
HON’BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
17/11/2017

1. The petitioners have preferred this misc. petition under

Section 482 of Cr.P.C. for quashing of criminal proceedings

pending in the court of Special Additional Chief Metropolitan

Magistrate (PCPNDT Act Cases) Jodhpur Metropolitan in connection

with criminal regular case No.127/2017 arising out of FIR

No.74/2017 registered at Police Station Mahila (West) Jodhpur

Metropolitan offence under Section 498-A of IPC on the basis of

compromise arrived between the parties.

(2 of 2)
[CRLMP-3999/2017]

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

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 16.10.2017

acquitted the petitioner of the offences under Section 406 IPC,

however, has not acquitted the petitioner of the offence under

Section 498-A.

4. In view of compromise arrived at between the parties

as well as the aforesaid order dated 16.10.2017 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 criminal proceedings pending against the petitioners before

the court below bearing criminal regular case No.127/2017 is

quashed and set aside.

(DR. PUSHPENDRA SINGH BHATI)J.

ck

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