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Rohitash Kumar & Ors vs State & Anr on 26 April, 2017

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 478 / 2017

1. Rohitash Kumar S/o Hansraj Ji, Aged About 31 Years, By Caste
Bishnoi, Resident of Village – Bajju, Tehsil Kolayat, District Bikaner.

2. Suman W/o Rohitash Kumar, By Caste Bishnoi, Resident of
Village – Bajju, Tehsil Kolayat, District Bikaner.

3. Satish Kumar S/o Prithvi Raj Ji, Aged About 35 Years, By Caste
Bishnoi, Resident of Village – Muklawa, District Shriganganagar.

4. Sunita W/o Satish Kumar, By Caste Bishnoi, Resident of Village

– Muklawa, District Shriganganagar.

—-Petitioners
Versus

1. The State of Rajasthan

2. Kalawati W/o Omprakash Bishnoi, By Caste Bishnoi, Resident of
Chak-5-MWM, District Bikaner (Raj.)

—-Respondents
__
For Petitioner(s) :Mr. Harish PUrohit
For Respondent(s) :Mr. MS Panwar, PP
__
HON’BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
26/04/2017

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 13.10.2016
(2 of 2)
[CRLMP-478/2017]

acquitted the petitioners of the offences under Sections 323 IPC,

however, has not acquitted the petitioners of the offence under

Sections 498A, 406, 452, 382, 188, and 147.

In view of compromise arrived at between the parties as well

as the aforesaid order dated 13.10.2016 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

petitioners are acquitted of the offences under Sections 498A,

406, 452, 382, 188 and 147, as well in relation to FIR No.

61/2014 registered at Police Station Dantore, Bikaner.

(DR. PUSHPENDRA SINGH BHATI)J.

sudheer

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