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Rajasthan High Court – Jodhpur
Aasha vs State Of Rajasthan (2024:Rj-Jd:10245) on 28 February, 2024
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2024:RJ-JD:10245]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 1328/2024
1. Aasha W/o Late Gopal Das, Aged About 60 Years, R/o
Chungi Choki Ke Pass, Biliriyant School Ke Pass, Bangla
Nagar, Bikaner, Nayashahar, District Bikaner.
2. Swaroop S/o Late Gopal Das, Aged About 26 Years, R/o
Chungi Choki Ke Pass, Biliriyant School Ke Pass, Bangla
Nagar, Bikaner, Nayashahar, District Bikaner.
—-Petitioners
Versus
1. State Of Rajasthan, Through P.P.
2. Monika D/o Gori Shankar, R/o Thavariya Colony,
Khajuwala, District Bikaner, Rajasthan.
—-Respondents
For Petitioner(s) : Mr. Shreekant Verma.
For Respondent(s) : Mr. Arun Kumar, P.P.
Mr. Manvendra Singh.
HON’BLE MR. JUSTICE KULDEEP MATHUR
Order
28/02/2024
The instant criminal misc. petition under Section 482 Cr.P.c.
has been filed by the petitioner seeking quashing of criminal
proceedings in Criminal Case No.12026/2022 titled as State Vs.
Swaroop Sadh Anr., pending before the learned Judicial
Magistrate, Bikaner for offence under Section 498A IPC.
Learned counsel for the parties submitted that the parties
have settled their disputes and have arrived at a compromise.
Learned counsel for the petitioner has placed reliance on a
decision of Hon’ble the Supreme Court in the cases of Gian Singh
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[2024:RJ-JD:10245] (2 of 2) [CRLMP-1328/2024]
Vs. State of Punjab Anr. reported in (2012)10 SCC 303]
and B.S. Joshi Vs. State of Haryana, reported in (2003)4
SCC 675. He therefore prayed that the impugned criminal
proceedings may kindly be quashed.
Learned counsel for the complainant concurs the factum of
compromise and submits that in view of the compromise, the
complainant is not inclined to proceed further in the matter.
In view of compromise arrived at between the parties and
applying the ratio in decision of Gian Singh (Supra) and B.S.
Joshi (supra), this Court deems it just and proper to invoke
inherent powers under Section 482 Cr.P.C.
Accordingly, the present misc. petition is allowed. The
criminal proceedings in Criminal Case No.12026/2022 titled as
State Vs. Swaroop Sadh Anr., pending before the learned
Judicial Magistrate, Bikaner for offence under Section 498A IPC,
are quashed, qua the petitioners.
(KULDEEP MATHUR),J
558-Prashant/-
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