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Kuldeep Singh vs State & Anr on 27 April, 2017

S.B. Criminal Misc(Pet.) No. 1243 / 2017
Kuldeep Singh S/o Shri Om Prakash,, Aged About 32 Years, Caste-
Gancha, R/o Rathore Market, Bus Stand, Bilara, Police Station
Bilara, District- Jodhpur, Rajasthan.


1. The State of Rajasthan Through Public Prosecutor

2. Smt. Nirma W/o Kuldeep Singh,, Caste-Gancha, R/o Ganeshpet,
Sojat Road, District-Pali, Rajasthan.

For Petitioner(s) :Mr. SP Sharma
For Respondent(s) : Mr. VS Rajpurohit, PP

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 17.03.2017

acquitted the petitioner of the offences under Sections 406 and

323 of IPC, however, has not acquitted the petitioner of the

offence under Sections 498 A of IPC.

(2 of 2)

In view of compromise arrived at between the parties as well

as the aforesaid order dated 17.03.2017 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 Sections 498A of IPC ,

in relation to Criminal Original Case No.13/2016 pending before

the Learned Add. Chief J judicial Magistrate Sojat, District Pali.


CK Mishra

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