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Hemant Singh Chouhan vs State Of Rajasthan on 5 February, 2019

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 450/2019

Hemant Singh Chouhan S/o Shri Daulat Singh Chouhan, Aged
About 31 Years, By Caste Rajput, Resident Of Chouhan House,
Opposite Sardar Street, Hathibhata, Ajmer.

—-Petitioner
Versus

1. State Of Rajasthan, Through Pp

2. Smt. Jaya Parihar W/o Shri Hemant Singh Chouhan D/o
Shri Balveer Singh, Resident Of 2-B-17, Patel Nagar,
Bhilwara.

—-Respondents

For Petitioner(s) : Mr. Dilip Sharma
For Respondent(s) : Mr. VS Rajpurohit, PP

HON’BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Order

05/02/2019

1. The petitioner has preferred this criminal misc.

petition under Section 482 Cr.P.C. for quashing of proceedings

pending before the learned Judicial Magistrate No. 1 Bhilwara in

Regular Criminal Case No.806/2016 for the offences under

Sections 498-A and 406 of IPC and Section 4 of the Dowry

Prohibition Act arising out of FIR No.129/2015 registered at Police

Station Mahila Thana Bhilwara, on the basis of compromise

entered into between the parties.

2. 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

the matter.

(2 of 2) [CRLMP-450/2019]

3. 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].

4. It is also submitted that upon the aforementioned

compromise, the learned court below vide order dated 20.8.2018

has accepted and verified the compromise only to the extent of

the offence under Section 406 IPC, but declined to accept the

compromise in relation to the offence under Section 498-A of IPC

on the ground of the said offence being non-compoundable as per

Section 320 Cr.P.C.

5. In view of compromise arrived at between the parties

as well as the aforesaid order dated 20.08.2018 of 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 its inherent powers under Section 482 Cr.P.C.

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

the petitioner is discharged of the offence under Section 498-A

IPC and Section 4 of the Dowry Prohibition Act as well, in relation

to Criminal Regular Case No. 806/2016 pending before learned

Judicial Magistrate No. 1 Bhilwara in connection with FIR

No.129/2015 registered at Police Station Mahila Thana, Bhilwara.

(DR. PUSHPENDRA SINGH BHATI),J

ns. 32-

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