HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 2185 / 2017
1. Sanjay Singh Son of Lal Singh, Aged About 45 Years
2. Lal Singh Son of Tej Dan, Aged About 75 Years
3. Aruna Wife of Lal Singh, Aged About 65 Years
4. Shashi Wife of Pradeep Udas, Aged About 43 Years
5. Surbhi Wife of Jaswant Charan, Aged About 40 Years, All Are
B/c Charan, Resident of Village Borunda, Tehsil Bilara, District
Jodhpur.
—-Petitioners
Versus
1. State of Rajasthan
2. Sanjeev Kanwar Wife of Sanjay Singh D/o Viwar Dan, Aged
About 43 Years, B/c Charan, Resident of Indira Colony, UIT
Quarters, Bikaner.
3. Viver Dan Son of Kishan Dan, Aged About 70 Years, B/c Charan,
Resident of Indira Colony, UIT Quarters, Bikaner.
—-Respondents
__
For Petitioner(s) : Mr. AD Ujjwal.
For Respondent(s) : Mr. MS Panwar PP for the State.
__
HON’BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
17/07/2017
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].
(2 of 2)
[CRLMP-2185/2017]
It is also submitted that upon the aforementioned
compromise, the learned court below vide order dated 22.06.2017
acquitted the petitioner of the offences under Sections 406 IPC,
however, has not acquitted the petitioners of the offence under
Section 498.
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.
Accordingly, the present misc. petition is partly allowed qua
the petitioner No.1 to 4 and the impugned order dated 22.06.2017
passed in Cr. Case No.388/2012 arising out of FIR No.21/2011
Police Station Mahila Police Thana, Bikaner, pending before
Additional Judicial Magistrate No.1, Bikaner may kindly be
quashed and set aside.
However, petitioner No.5 shall be at liberty to submit a fresh
compromise before the learned court below. Petitioner No.5 shall
also be at liberty to approach this Court again, if in case need
arises
(DR. PUSHPENDRA SINGH BHATI)J.
ck