HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
S.B. Criminal Misc(Pet.) No. 2902 / 2017
Pawan S/o Shri Shankar Lal, Resident of Khandu Colony,
1. The State of Rajasthan
2. Smt. Harshita Nagauri W/o Shri Vikki Nagauri, Resident of Kalal
Colony, Gali No. 10, Nagauri Gate, Jodhpur.
For Petitioner(s) : Mr.C.S.Rajpurohit
For Respondent(s) : Mr.V.S.Rajpurohit PP for the State.
Mr.Kaniya Lal Joshi.
HON’BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
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. It is also submitted that upon the aforementioned
compromise, the learned court below vide order dated 02.06.2017
acquitted the petitioner of the offences under Sections 323, 341
and 506 IPC, however, has not acquitted the petitioner of the
offence under Section 354 IPC.
3. 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].
(2 of 2)
4. In view of compromise arrived at between the parties as well
as the aforesaid order dated 02.06.2017 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
petitioner is acquitted of the offence under Section 354 IPC as
well, in relation to Criminal Case No.28/2014 pending before the
learned Metropolitan Magistrate No.5, Jodhpur Metropolitan.
(DR. PUSHPENDRA SINGH BHATI)J.