HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
S.B. Criminal Misc(Pet.) No. 2826/2018
1. Anil Kumar S/o Sri Chaturbhuj, Aged About 34 Years,
2. Chaturbhuj S/o Choru Lal, Aged About 66 Years,
3. Sona Devi W/o Sri Chaturbhuj, Aged About 61 Years,
All by caste Mali, R/o House No. 204, Ward No. 7 Bhatta
Colony, Hanumangarh Junction. (Raj.)
1. State Of Rajasthan, Through P.P.
2. Kavita W/o Anil Kumar, D/o Sri Ravi Shankar, B/c Mali,
R/o Sujandesar, Tehsil And District Bikaner (Raj.).
For Petitioner(s) : Mr.DS Gharsana.
For Respondent(s) : Mr.VS Rajpurohit, PP.
HON’BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
1. Learned counsel for the petitioners and respondent
no.2 jointly submit that a compromise has been arrived at
between the parties. It is submitted that application for
compounding the offence under Sections 406 323 of IPC on the
basis of compromise arrived at between the parties was submitted
before the learned court below and the same was accepted vide
order dated 6.8.2018. However, as the offence under Section
498A IPC is non-compoundable, therefore, the present misc.
petition has been filed.
2. It is borne out from the compromise that complainant
(2 of 2) [CRLMP-2826/2018]
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. In view of the aforementioned compromise arrived at
between the parties as well as the order dated 6.8.2018 passed by
the learned Court below and applying the ratio in decision of Gian
Singh Vs. State of Punjab Anr. (supra), this Court deems it
just and proper to invoke inherent powers under Section 482
4. Accordingly, the present misc. petition is allowed and
the F.I.R. No.139/2010 registered at Women Police Station,
Bikaner along with entire proceedings pursuant thereto are
quashed and set aside.
(DR. PUSHPENDRA SINGH BHATI),J
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