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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