HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
S.B. Criminal Misc(Pet.) No. 801 / 2017
1. Gagandeep S/o Shri Ved Prakash
2. Smt. Neelam Rani W/o Shri Ved Prakash,
Both by Caste Arora, Resident of Ward No. 4, Pilibanga, Tehsil
Pilibanga District Hanumangarh.
1. The State of Rajasthan
2. Anita D/o Shri Harbans Lal, By Caste Arora, Resident of Jetsar,
Tehsil Sri Vijaynagar District Sri Ganganagar.
For Petitioner(s) :Mr. Praveen Bhati
For Respondent(s) :Mr. VS Rajpurohit, PP
For Complainant(s):Mr. VC Sargara
HON’BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
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 27.02.2017
declined to accept the same on the ground that the offence under
Section 498A is non-compoundable.
(2 of 2)
In view of compromise arrived at between the parties as well
as the aforesaid order dated 27.02.2017 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, in
relation to Criminal Original Case No.264/2014 pending before the
learned Judicial Magistrate, Sri Vijaynagar, District Sri Ganganagar.
(DR. PUSHPENDRA SINGH BHATI)J.