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Captain Ajit Singh Balyan vs State Of Rajasthan on 12 September, 2018

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 2905/2018

Captain Ajit Singh Balyan S/o Lt. Col. Anil Kumar Balyan, Aged
About 30 Years, B/c Jat, R/o Headquarter 12, Corps Zonal
Workshop Jodhpur C/o 56, Apo. At Present House No. 76, G C
Tower 2 Ambral Heights, Ramprast Green Section 7, Visalia
Ghaziabad, Delhi Ncr.

—-Petitioner
Versus

1. State Of Rajasthan, Through P.p.

2. Chitrangna Singh D/o Lt. Shri S.v. Singh, W/o Caption Ajit
Singh Balyan, R/o C-135, Chandarpuri Near St. Poul
School, Dhauli Pyau, Mathura Uttar Pradesh, At Present
House No. Sec. 2/1915 Kudhi Housing Board, Jodhpur.

—-Respondents

For Petitioner(s) : Mr.Nadish Singhvi.
For Respondent(s) : Mr.MS Panwar, PP.

Mr.Haider Agha.

HON’BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Order

12/09/2018

1. The petitioner is facing trial in the Court of Special

Additional Chief Judicial Magistrate (PCPNDT Cases), Jodhpur

Mahanagar for the offences under Sections 498A 406 IPC.

2. Learned counsel for the petitioner and respondent no.2

jointly submit that a compromise has been arrived at between the

parties. It is also submitted that the compromise was submitted

before the learned court below but the same was accepted vide

order dated 30.7.2018 for the offence under Section 406 IPC only.

It is borne out from the compromise that complainant is not
(2 of 2) [CRLMP-2905/2018]

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 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 petitioner is acquitted of the offence under Section 498A IPC

and all proceedings of Criminal Case No.6/2015 pending before

the Court of Special Additional Chief Judicial Magistrate (PCPNDT

Cases), Jodhpur Mahanagar are quashed and set aside.

(DR. PUSHPENDRA SINGH BHATI),J

S.Phophaliya/-

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