HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
S.B. Criminal Misc(Pet.) No. 1478 / 2017
1. Pankaj Bhargav S/o Shri Leelaram Bhargav,, Aged About 30
2. Leelaram Bhargav S/o Shri Jagdish Chandra Bhargav,, Aged
About 57 Years
3. Smt. Rma Devi W/o Shri Leelaram Bhargav,, Aged About 55
4. Smt. Preeti Bhargav W/o Shri Ashok Bhargav,, Aged About 26
Years, All B/c Bhargav Joshi, R/o Opp. Laxmi Narayan Mandir
Street, Maderna Colony, Bhadwasiya Road, Jodhpur.
1. State of Rajasthan
2. Smt. Sunita W/o Shri Pankaj Bhargav D/o Shri Narendra Joshi,,
R/o House No. 378, Sector-14, Chopasani Housing Board, Jodhpur.
For Petitioner(s) : Mr. Mahaveer Bishnoi.
For Respondent(s) : Mr. VS Rajpurohit, PP for the State.
HON’BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
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 8.03.2017
(2 of 2)
acquitted the petitioner of the offences under Sections 406 IPC,
however, has not acquitted the petitioner of the offence under
Sections 498A of IPC.
In view of compromise arrived at between the parties as well
as the aforesaid order dated 8.03.2017 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
as well, in relation to Criminal Original Case No.233/2013 pending
before the Learned Additional Chief Judicial Magistrate, (PCPNDT
Act Cases), Jodhpur.
(DR. PUSHPENDRA SINGH BHATI)J.