Pankaj & Ors vs State & Anr on 17 May, 2017

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 1478 / 2017

1. Pankaj Bhargav S/o Shri Leelaram Bhargav,, Aged About 30
Years

2. Leelaram Bhargav S/o Shri Jagdish Chandra Bhargav,, Aged
About 57 Years

3. Smt. Rma Devi W/o Shri Leelaram Bhargav,, Aged About 55
Years

4. Smt. Preeti Bhargav W/o Shri Ashok Bhargav,, Aged About 26
Years, All B/c Bhargav Joshi, R/o Opp. Laxmi Narayan Mandir
Street, Maderna Colony, Bhadwasiya Road, Jodhpur.

—-Petitioners
Versus

1. State of Rajasthan

2. Smt. Sunita W/o Shri Pankaj Bhargav D/o Shri Narendra Joshi,,
R/o House No. 378, Sector-14, Chopasani Housing Board, Jodhpur.

—-Respondents
__
For Petitioner(s) : Mr. Mahaveer Bishnoi.
For Respondent(s) : Mr. VS Rajpurohit, PP for the State.
__
HON’BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
17/05/2017

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].

It is also submitted that upon the aforementioned

compromise, the learned court below vide order dated 8.03.2017
(2 of 2)
[CRLMP-1478/2017]

acquitted the petitioner of the offences under Sections 406 IPC,

however, has not acquitted the petitioner of the offence under

Sections 498A of IPC.

In view of compromise arrived at between the parties as well

as the aforesaid order dated 8.03.2017 of the learned court below

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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.

Accordingly, the present misc.petition is allowed and the

petitioner is acquitted of the offence under Sections 498A of IPC

as well, in relation to Criminal Original Case No.233/2013 pending

before the Learned Additional Chief Judicial Magistrate, (PCPNDT

Act Cases), Jodhpur.

(DR. PUSHPENDRA SINGH BHATI)J.

Ck mishra

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