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Aas Mohammed vs State Of Rajasthan on 12 March, 2019

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 1323/2019

1. Aas Mohammed S/o Sh. Mohd. Kamil, Aged About 35
Years, B/c Muslim, R/o H.no. 359, Gopali Part-1, Police
Station Devband, Dist. Saharanpur.

2. Mohammaed Kamil S/o Sh. Saeed Ahmed, Aged About 58
Years, B/c Muslim, R/o H.no. 359, Gopali Part-1, Police
Station Devband, Dist. Saharanpur.

—-Petitioners
Versus

1. State Of Rajasthan, Through Pp

2. [email protected] Divya Choudhary W/o Aash Mohd. D/o
Kumbharam Ji Choudhary, Aged About 20 Years, B/c
Muslim, R/o B/c Muslim, R/o H.no. 359, Gopali Part-1,
Police Station Devband, Dist. Saharanpur. (Up), Presently
H.no. 173, 7Th Sector , New Power House Road, Jodhpur

—-Respondents

For Petitioner(s) : Mr.CL Mali.

For Respondent(s) : Mr.Sudhir Tak, PP.

Mr.Pradeep Choudhary.

HON’BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Order

12/03/2019

1. Learned counsel for the petitioners and learned counsel

for the respondent no.2 jointly submit that the matter relates to

matrimonial dispute and has been compromised between the

parties. The compromise was submitted before the learned Court

below. However, vide order dated 3.12.2018, the learned Court

below refused it for offence under Section 498A of IPC.

2. In view of the aforementioned compromise arrived at

between the parties, applying the ratio in decision of Gian Singh
(2 of 2) [CRLMP-1323/2019]

Vs. State of Punjab Anr. (supra), this Court deems it just

and proper to invoke inherent powers under Section 482 Cr.P.C.

3. Accordingly, the present misc. petition is allowed and all

proceedings in Case No.33/2016 (NCV No.1314/2016) pending

before the learned Special Additional Chief Metropolitan Magistrate

(P.C.P.N.D.T. Cases), Jodhpur qua the petitioners are quashed and

set aside.

(DR.PUSHPENDRA SINGH BHATI),J

49-SPhophaliya/-

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