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Khushi Ram & Anr vs State & Anr on 22 June, 2017

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 1928 / 2017

1. Khushi Ram S/o Late Shri Thawar Das

2. Smt. Jethi Devi W/o Late Shri Thawar Das, Both by Caste
Sindhi, Resident of Ward No. 27, Near Laxmi Narayan Mandir,
Sujangarh, District Churu. (Raj.)

—-Petitioners
Versus

1. The State of Rajasthan

2. Jyoti Sindhi W/o Shri Khushi Ram, D/o Shri Ram Chandra, By
Caste Sindhi Resident of Ward No. 21, Holi Dhora, Mukam
Ratangarh, District Churu (Raj.)

—-Respondents
__
For Petitioner(s) : Mr. Dharmendra Surana.
For Respondent(s) : Mr. AS Rathore, PP for the State.
__
HON’BLE DR. JUSTICE PUSHPENDRA SINGH BHATI,
VACATION JUDGE
Order
22/06/2017

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 24.04.2017

acquitted the petitioner of the offence under Section 406 IPC,

however, has not acquitted the petitioner of the offence under
(2 of 2)
[CRLMP-1928/2017]

Section 498-A.

In view of compromise arrived at between the parties as well

as the aforesaid order dated 24.04.2017 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 498-A as well,

in relation to Criminal Original Case No.103/2010 pending before

the Learned Additional Chief Judicial Magistrate, Ratangarh

(Churu).

(DR. PUSHPENDRA SINGH BHATI)J.

Ck mishra

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