HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 2741/2019
Hitendra Singh S/o Devi Singh, Aged About 31 Years, B/c Oad
Rajput, R/o Gali No. 2 Near Kaga Police Choki Outside Nagori
Gate, Dist. Jodhpur.
—-Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Smt. Khushbu D/o Narayan Lal, B/c Oad Rajput, R/o Near
Kalka Mata Mandir, Maderna Colony, Jodhpur.
—-Respondents
For Petitioner : Mr. Mukund Panchariya
For Respondents : Mr. Gaurav Singh, PP
Mr. Dinesh Kumar Jain, for the
respondent No.2.
HON’BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
12/07/2019
1. It is stated at the Bar that a compromise has been arrived at
between the parties and it is borne out from the compromise that
the complainant is not inclined to proceed further in the matter.
2. Learned counsel for the parties have placed reliance on
a decision of Supreme Court in case of in the case of State of
M.P. V/s Laxmi Narayan Ors. [AIR 2019 SC 1296].
3. It is also submitted that upon the aforementioned
compromise, the learned court below vide order dated
20/04/2019, has verified the compromise between the parties to
the extent of the offence under Sections 406 IPC and has
discharged the petitioners of the offences under Sections 406
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(2 of 2) [CRLMP-2741/2019]
SectionIPC. However, the learned court below has declined to verify the
compromise as regards the offence under Sections 498-A IPC on
the ground that the said offence is non-compoundable.
4. That counsel for the parties are in agreement that
dispute between the parties has been amicably settled and
therefore, complainant does not want to pursue the matter.
5. In view of compromise arrived at between the parties
as well as the aforesaid order dated 20.04.2019 of the learned
court below and applying the ratio in decision of in the case of
State of M.P. V/s Laxmi Narayan Ors. [AIR 2019 SC
1296]. , I deem it just and proper to invoke inherent powers of
this Court under Section 482 Cr.P.C.
5. Accordingly, the present misc. petition is allowed and
the petitioner is discharged of the offences under Section 498-A
IPC as well, in relation to Criminal Regular Case No.92/2015
pending before the learned Judicial Magistrate, District Jodhpur.
(VINIT KUMAR MATHUR),J
69-SanjayS/-
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