HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
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.
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.
For Petitioner(s) : Dr.Shailendra Kala
For Respondent(s) : Mr.M.S.Panwar PP for the State.
HON’BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
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
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)
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.