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2017 DIGILAW 2347 (RAJ)

Tulachha Ram S/o Baksa Ram v. State of Rajasthan

2017-11-01

PUSHPENDRA SINGH BHATI

body2017
ORDER : PUSHPENDRA SINGH BHATI, J. 1. Petitioner has preferred this misc. petition under Section 482 of Cr.P.C against the order passed by learned Special Judge, SC/ST (Prevention of Atrocities) cases, Jodhpur dated 24.04.2017 in Session Case No. 12/2010 (FIR No. 156/2008 P.S Bhopalgarh), whereby learned Special Judge granted permission for compounding the offence under Sections 447, 427, 323/149 of IPC but refused to grant the permission for compounding the offence under Section 147 of IPC. 2. An earlier this Court has passed an order dated 08.08.2017, reads as under:— “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. State of Punjab [ (2012) 10 SCC 303 ]. It is also submitted that upon the aforementioned compromise, the learned court below vide order dated 24.04.2017 acquitted the petitioner of the offences under Sections 447, 427, 323/34 of IPC, however, has not acquitted the petitioner of the offence under Section 3(I)(V) SC/ST. In view of compromise arrived at between the parties as well as the aforesaid order dated 24.04.2017 of the learned court below and applying the ratio in decision of Gian Singh v. State of Punjab (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 Section 3(I)(V) of SC/ST as well, in relation to session Case No. 12/2010 pending before the learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Jodhpur.” 3. Learned counsel for the petitioner states that by mistake Section 147 was not mentioned by him in the petition, therefore, the order did not absolve the petitioner under Section 147 of IPC whereas all the other proceedings arising out of the same incident between the same parties has been closed. 4. In light of the aforesaid submission made by both the parties, the present misc. petition is allowed and order passed by learned Special Judge, SC/ST (Prevention of Atrocities) Jodhpur dated 24.04.2017 is quashed and set aside qua the refusal of permission for compromise of the offence under Section 147 of IPC.