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Arun Kumar Sain & Ors vs State on 3 October, 2017

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 2608 / 2017

1. Arun Kumar Sain S/o Jankidas Sain, Aged About 40 Years, B/c
Sain

2. Smt. Manjulata W/o Jankidas Sain, Aged About 60 Years, B/c
Sain

3. Jankidas Sain S/o Late Shri Motilal, Aged About 66 Years, B/c
Sain R/o-18/789, Chopasani Housing Board, Jodhpur. (Accused)

4. Smt. Dushyanti Sain W/o Arun Kumar D/o Gulabchand, B/c
Sain R/o Kuchaman Haveli, Mertigate, Jodhpur. (Complianant)

—-Petitioners
Versus
State of Rajasthan

—-Respondent
__
For Petitioner(s) : Mr.H.M.Saraswat
For Respondent(s) : Mr.V.S.Rajpurohit PP
Ms.Rekha Sankhala
__
HON’BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
03/10/2017

1. It is stated at the Bar that the parties have entered into a

compromise. It is borne out from the compromise that

complainant is not inclined to proceed further in the matter.

2. It is also submitted that upon the aforementioned

compromise, the learned court below vide order dated 15.10.2015

discharged the petitioners of the offence under Section 406 IPC,

however, has not discharged the petitioners of the offence under

Section 498A IPC being non-compoundable.

(2 of 2)
[CRLMP-2608/2017]

3. 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].

4. In view of compromise arrived at between the parties as well

as the aforesaid order dated 15.10.2015 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

petitioner is discharged of the offence under Section 498A IPC as

well, in relation to Criminal Case No.620/2011 pending before the

learned Judicial Magistrate, Jodhpur, Distt.Jodhpur in FIR

No.52/2007, P.S. Mahila Jodhpur pertaining to offence under

Section 498A IPC.

(DR. PUSHPENDRA SINGH BHATI)J.

zeeshan/

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