Abhishek Mehta & Anr vs State & Anr on 15 November, 2017

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 3453 / 2017

1. Abhishek Mehta S/o Late Shri Suresh Kumar Mehta, Aged About
36 Years, By Caste Jain, Resident of House No. 103, Subhash
Nagar, Pal Road, Jodhpur (Raj.) At Present- E-167, Chhatarpur
Extension, New Delhi- 74.

2. Smt. Kamla Mehta W/o Late Shri Suresh Kumar Mehta, Aged
About 70 Years, By Caste Jain, Resident of House No. 103,
Subhash Nagar, Pal Road, Jodhpur (Raj.) At Present- E-167,
Chhatarpur Extension, New Delhi- 74.

—-Petitioners
Versus

1. The State of Rajasthan

2. Smt. Nupur Duggar W/o Abhishek Mehta, D/o Shri Rajendra
Duggar, Aged About 29 Years, By Caste Jain, Resident of B-1/7,
Panchratna Apartments, Opposite to Prakash School, Near
Sandesh Press, Borakdev, Ahmedabad- 54.

—-Respondents
__
For Petitioner(s) : Dr.Shailendra Kala
For Respondent(s) : Mr.M.S.Panwar PP for the State.

Mr.Dharmendra Surana
__
HON’BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
15/11/2017

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.

It is also submitted that upon the aforementioned

compromise, the learned court below vide order dated 07.09.2017

discharged the petitioners of the offences under Sections 406 IPC,

however, has not discharged the petitioners of the offence under
(2 of 2)
[CRLMP-3453/2017]

Section 498A IPC being non-compoundable.

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].

In view of compromise arrived at between the parties as well

as the aforesaid order dated 07.09.2017 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

petitioners are discharged of the offence under Section 498A IPC

as well, in relation to the impugned criminal case pending before

the learned Special ACJM (PCPNDT Act Cases) Court, Jodhpur

Metro as Cr.O. No.99/2015 (C.R. No.14/20.01.2015).

(DR. PUSHPENDRA SINGH BHATI)J.

Skant/-

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