Advocates:
['RAMAWATAR SINGH', '', 'JAI KISHAN', 'SUMER SINGH GOUR', 'JASSA RAM', 'PP', 'RAKESH']

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Misc(Pet.) No. 8540/2022

1.

Kuna Ram S/o Chhagna Ram, Aged About 70 Years, B/c

Meghwal, R/o Vill. Kosana P.s. Pipar City Dist. Jodhpur.

2.

Sayar Ram S/o Kuna Ram, Aged About 41 Years, B/c

Meghwal, R/o Vill. Kosana P.s. Pipar City Dist. Jodhpur.

3.

Babu Lal S/o Kuna Ram, Aged About 38 Years, B/c

Meghwal, R/o Vill. Kosana P.s. Pipar City Dist. Jodhpur.

4.

Bagda Ram S/o Pancha Ram, Aged About 36 Years, B/c

Meghwal, R/o Vill. Kosana P.s. Pipar City Dist. Jodhpur.

----Petitioners

Versus

1.

State Of Rajasthan, Through Pp

2.

Koja Ram S/o Ghewar Ram, B/c Meghwal, R/o Vill.

Kosana P.s. Pipar City Dist. Jodhpur.

----Respondents

For Petitioner(s)

:

Mr. JK Suthar

For Respondent(s)

:

Mr. Mahipal Bishnoi, PP

Mr. Rakesh Dhaka

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Order

09/12/2022

1.

Learned counsel for the petitioners submits that the

petitioners and the complainant are relatives.

2.

Learned counsel for the parties jointly submit at Bar that a

compromise has been arrived at between the parties and it is

borne out from the compromise that the complainant is not

inclined to proceed further in the matter.

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)

[CRLMP-8540/2022]

4.

It is also submitted that upon the aforementioned

compromise, the learned court below vide order dated

20.07.2022, has declined to verify the said compromise, as the

offences under Sections 326 of IPC are not compoundable as per

Section 320 of Cr.P.C.

5.

In view of compromise arrived at between the parties as well

as the aforesaid order dated 20.07.2022 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.

6.

Accordingly, the present misc. petition is allowed and the

petitioners are discharged of the offences under Section 326 of

IPC as well, in relation to Criminal Case No.591/2005 pending

before the learned Additional Chief Judicial Magistrate, Pipar City,

District Jodhpur.

(DR.PUSHPENDRA SINGH BHATI), J.

204-Sudheer/-