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Ajay Sharma vs State & Anr on 24 April, 2017

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 1153 / 2017
Ajay Sharma S/o Shri Aditya Mohan Sharma, Aged About 34
Years, B/c Brahmin, R/o 389, Joshi Bhawan, Near Gurukul School,
Maniharo Ka Rasta, Choti Chopar, Jaipur (rajasthan)

—-Petitioner
Versus

1. The State of Rajasthan

2. Ritu Bohra W/o Ajay Sharma, D/o Shri Praveen Kumar Bohra,
Aged About 24 Years, B/c Brahmin, R/o Outside Rampole Ki Bari,
Brahmpuri, Jodhpur (raj)

—-Respondents
__
For Petitioner(s) : Mr. Praveen Dave.
For Respondent(s) : Mr. VS Rajpurohit, PP for the State.

Mr. Madharam, for respondent No.2.
__
HON’BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
24/04/2017

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 25.03.2017

acquitted the petitioner of the offence under Section 406,

however, has not acquitted the petitioner of the offence under

Section 498A.

(2 of 2)
[CRLMP-1153/2017]

In view of compromise arrived at between the parties as well

as the aforesaid order dated 25.03.2017 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 allowed and the

petitioner is acquitted of the offence under Section 498A IPC Cr.O.

NO.1164/2016 pending before learned Special ACJM Court

(PCPNDT Act Cases), Jodhpur Metro is quashed and set aside.

(DR. PUSHPENDRA SINGH BHATI)J.

Ck mishra

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