HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
S.B. Criminal Misc(Pet.) No. 3999 / 2017
1. Manish Prajapat S/o Shri Kailash Prajapat, Aged About 29 Years
2. Kailash Prajapat S/o Late Shri Pusa Ram, Aged About 60 Years
3. Smt. Santosh W/o Shri Kailash Prajapat, Aged About 59 Years,
All by Caste Kumhar Resident of House No. 148, Ravi Nagar, Near
Bhadu Market, PS Chopasani Housing Board, Jodhpur (Raj.)
1. The State of Rajasthan
2. Smt. Karishma Prajapat W/o Shri Manish Prajapat, D/o Shri
Laxmi Narayan Ji Prajapat, Aged About 27 Years, By Caste
Kumhar, Resident of 9/529, Chopasani Housing Board, Jodhpur
For Petitioner(s) : Mr. Dharmendra Surana.
For Respondent(s) : Mr. MS Panwar PP.
Mr. R Bhatnagar.
HON’BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
1. The petitioners have preferred this misc. petition under
Section 482 of Cr.P.C. for quashing of criminal proceedings
pending in the court of Special Additional Chief Metropolitan
Magistrate (PCPNDT Act Cases) Jodhpur Metropolitan in connection
with criminal regular case No.127/2017 arising out of FIR
No.74/2017 registered at Police Station Mahila (West) Jodhpur
Metropolitan offence under Section 498-A of IPC on the basis of
compromise arrived between the parties.
(2 of 2)
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
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 16.10.2017
acquitted the petitioner of the offences under Section 406 IPC,
however, has not acquitted the petitioner of the offence under
4. In view of compromise arrived at between the parties
as well as the aforesaid order dated 16.10.2017 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 criminal proceedings pending against the petitioners before
the court below bearing criminal regular case No.127/2017 is
quashed and set aside.
(DR. PUSHPENDRA SINGH BHATI)J.