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Judgments of Supreme Court of India and High Courts

Hitendra Singh vs State Of Rajasthan on 12 July, 2019

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.


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.


For Petitioner : Mr. Mukund Panchariya
For Respondents : Mr. Gaurav Singh, PP
Mr. Dinesh Kumar Jain, for the
respondent No.2.




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.



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