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Anil Kumar vs State Of Rajasthan on 7 September, 2018

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 2826/2018

1. Anil Kumar S/o Sri Chaturbhuj, Aged About 34 Years,

2. Chaturbhuj S/o Choru Lal, Aged About 66 Years,

3. Sona Devi W/o Sri Chaturbhuj, Aged About 61 Years,
All by caste Mali, R/o House No. 204, Ward No. 7 Bhatta
Colony, Hanumangarh Junction. (Raj.)

—-Petitioners
Versus

1. State Of Rajasthan, Through P.P.

2. Kavita W/o Anil Kumar, D/o Sri Ravi Shankar, B/c Mali,
R/o Sujandesar, Tehsil And District Bikaner (Raj.).

—-Respondents

For Petitioner(s) : Mr.DS Gharsana.
For Respondent(s) : Mr.VS Rajpurohit, PP.

Mr.KS Guda.

HON’BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Order

07/09/2018

1. Learned counsel for the petitioners and respondent

no.2 jointly submit that a compromise has been arrived at

between the parties. It is submitted that application for

compounding the offence under Sections 406 323 of IPC on the

basis of compromise arrived at between the parties was submitted

before the learned court below and the same was accepted vide

order dated 6.8.2018. However, as the offence under Section

498A IPC is non-compoundable, therefore, the present misc.

petition has been filed.

2. It is borne out from the compromise that complainant
(2 of 2) [CRLMP-2826/2018]

is not inclined to proceed further in the matter. 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].

3. In view of the aforementioned compromise arrived at

between the parties as well as the order dated 6.8.2018 passed by

the learned Court below and applying the ratio in decision of Gian

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

just and proper to invoke inherent powers under Section 482

Cr.P.C.

4. Accordingly, the present misc. petition is allowed and

the F.I.R. No.139/2010 registered at Women Police Station,

Bikaner along with entire proceedings pursuant thereto are

quashed and set aside.

(DR. PUSHPENDRA SINGH BHATI),J

S.Phophaliya/-

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