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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