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Gagandeep & Anr vs State & Anr on 17 April, 2017

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
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.

—-Petitioners
Versus

1. The State of Rajasthan

2. Anita D/o Shri Harbans Lal, By Caste Arora, Resident of Jetsar,
Tehsil Sri Vijaynagar District Sri Ganganagar.

—-Respondents
__
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
Order
17/04/2017

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 27.02.2017

declined to accept the same on the ground that the offence under

Section 498A is non-compoundable.

(2 of 2)
[CRLMP-801/2017]

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.

sudheer

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