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Ishwar Lal Lohar vs State Of Rajasthan on 13 December, 2018

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 4467/2018

1. Ishwar Lal Lohar S/o Shri Parasram Ji Lohar, Aged About
32 Years, R/o Village Samicha, Tehsil Kumbhalgarh, Distt.
Rajsamand.

2. Satya Narayana @ Jagdish Lohar S/o Shri Dalchand Ji
Lohar, Aged About 30 Years, R/o Village Dahura, Tehsil
And Dist. Rajsamand.

—-Petitioners
Versus

1. State Of Rajasthan, Through Pp

2. Smt. Hemlata Lohar W/o Shri Ishwar Lohar (D/o Shri
Shankar Lal Ji), R/o Near Charbhuja Mandir, Aiklingpura,
Post Kalladwas, P.s. Hiran Magri, Udaipur.

—-Respondents

For Petitioner(s) : Mr. Deepak Menaria
For Respondent(s) : Mr. VS Rajpurohit, PP
Mr. Abdul Ayaz

HON’BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Order

13/12/2018

1. 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. 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. It is also submitted that upon the aforementioned

compromise, the learned court below vide order dated 29.11.2018

has accepted and verified the compromise only to the extent of
(2 of 2) [CRLMP-4467/2018]

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

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

4. In view of compromise arrived at between the parties

as well as the aforesaid order dated 29.11.2018 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.

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

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

IPC as well, in relation to Criminal Regular Case No.16937/2015

pending before learned Additional Chief Judicial Magistrate No.1

Udaipur.

(DR.PUSHPENDRA SINGH BHATI),J

84-Sudheer/-

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