HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 2632/2019
1. Mahipal S/o Sh. Pokar Ram, Aged About 30 Years, B/c
Vishnoi , R/o Village Finch , P.s. Luni , Distt. Jodhpur
2. Pokar Ram, Aged About 60 Years, B/c Vishnoi , R/o
Village Finch , P.s. Luni , Distt. Jodhpur
3. Sayri Alias Sau, Aged About 58 Years, B/c Vishnoi , R/o
Village Finch , P.s. Luni , Distt. Jodhpur
—-Petitioners
Versus
1. State Of Rajasthan, Through Pp
2. Smt. Leela Devi D/o Bagduram, R/o Village Finch , P.s.
Luni , Distt. Jodhpur
—-Respondents
For Petitioner(s) : Mr.Sukhdev Sharma.
For Respondent(s) : Mr.Sudhir Tak, PP a/w Ms.Kamla
Goswami.
HON’BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
12/09/2019
1. It is stated at the Bar that a compromise has been
arrived at between the parties. It is borne out from the
compromise that complainant is not inclined to proceed further in
the matter.
2. Learned counsel for the petitioner has 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 10.9.2018
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(2 of 2) [CRLMP-2632/2019]
has accepted and verified the compromise only to the extent of
the offence under Section 406 IPC.
4. In view of compromise arrived at between the parties
as well as the aforesaid order dated 10.9.2018 of the learned
court below and applying the ratio in decision of Gian Singh Vs.
State of Punjab Anr. (supra), this Court deems it just and
proper to invoke its inherent powers under Section 482 Cr.P.C.
5. Accordingly, the present misc. petition is allowed and
the petitioners are discharged of the offence under Section 498A
IPC as well, in relation to Regular Criminal Case No.518/2013
pending before learned PCPNDT Court, Jodhpur Metropolitan,
Jodhpur.
6. Stay petition also stands disposed of accordingly.
(DR. PUSHPENDRA SINGH BHATI),J
148-SPhophaliya/-
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