HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
S.B. Criminal Misc(Pet.) No. 3519 / 2017
1. Ganpat Prajapat Son of Shree Narayan Prajapat, Aged About 33
2. Smt Sarswati Devi Wife of Shree Narayan Prajapat, Aged About
55 Years, (Accused). Both by Caste Prajapat Both Residence of
Plot No. 155, Gali No. 9, Opposite Cambridge School, Subhash
Colony Bhagat Ki Kothi, Jodhpur.
1. State of Rajasthan.
2. Smt. Sunita Wife of Ganpat Prajapat, D/o Shree Madan Gopal,
Aged About 31 Years, By Prajapat, Residence of Makan No. 55,
Aajad Hind Market, Masuriya, Jodhpur.
For Petitioner(s) : Mr. Dilip Singh Baghela.
For Respondent(s) : Mr. MS Panwar PP.
Mr. LD Gaur.
HON’BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
1. The petitioners have preferred this misc. petition under
Section 482 of Cr.P.C. for quashing the order dated 22.06.2017
passed by learned Civil Jude Judicial Magistrate Jodhpur in
Criminal Regular Case No.442/2011, FIR No.78/2010, registered
at Police Station Mahila Thana, Jodhpur for the offence under
Section 498-A of IPC.
2. 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
(2 of 2)
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. It is also submitted that upon the aforementioned
compromise, the learned court below vide order dated 22.06.2017
acquitted the petitioners of the offences under Section 406 IPC,
however, has not acquitted the petitioner of the offence under
Section 498-A of IPC.
4. In view of compromise arrived at between the parties
as well as the aforesaid order dated 22.06.2017 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.
5. Accordingly, the present misc.petition is allowed and
the order dated 22.06.2017 passed by learned Civil Judge
Judicial Magistrate Jodhpur District Jodhpur in Criminal Regular
Case No.442/2011 for the offence under Section 498-A of IPC is
quashed and set aside.
(DR. PUSHPENDRA SINGH BHATI)J.