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Rajasthan High Court – Jodhpur
Abdul Hamid vs State Of Rajasthan (2024:Rj-Jd:10243) on 28 February, 2024
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2024:RJ-JD:10243]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 1365/2024
Abdul Hamid S/o Yasin Khan, Aged About 38 Years, R/o Chanod,
Dist. Pali, Rajasthan At Present Residing At Indra Colony, P.s.
Kotwali Pali, Pali, Dist. Pali, Rajasthan.
—-Petitioner
Versus
1. State Of Rajasthan, Through P.P.
2. Ruksana Bano W/o Abdul Hamid, D/o Basir, R/o Outside
Jodhpuriya Gate, Sipahiyo Ka Bas, Sojat City, Dist. Pali,
Rajasthan.
—-Respondents
For Petitioner(s) : Mr. Pritam Joshi.
For Respondent(s) : Mr. Arun Kumar, P.P.
Mr. Pratap 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.02/2014 titled as State Vs. Abdul
Hamid, pending before the learned Additional Chief Judicial
Magistrate, Sojat City, District Pali, 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
Vs. State of Punjab Anr. reported in (2012)10 SCC 303]
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[2024:RJ-JD:10243] (2 of 2) [CRLMP-1365/2024]
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.02/2014 titled as State
Vs. Abdul Hamid, pending before the learned Additional Chief
Judicial Magistrate, Sojat City, District Pali, for offence under
Section 498A IPC, are quashed qua the petitioner.
(KULDEEP MATHUR),J
565-Prashant/-
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