—
Rajasthan High Court – Jodhpur
Jitendra Balesa vs State Of Rajasthan (2024:Rj-Jd:13246) on 20 March, 2024
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2024:RJ-JD:13246] (1 of 2) [CRLMP-1776/2024]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 1776/2024
Dr. Jitendra Balesa S/o Shri Raju Ram Ji Balesa, Aged About 39
Years, R/o Residing At Makan No. 21, Roop Rajat Township Phase
2, Bhadu Market, Pal Road, Jodhpur.
—-Petitioner
Versus
1. State Of Rajasthan, Through PP
2. Smt. Renuka W/o Dr. Jitendra Balesa, R/o B-57 Kehsav
Nagar Gali No. 3, Pal Road, Jodhpur.
—-Respondents
For Petitioner(s) : Mr. Dilip Singh Baghela.
For Respondent(s) : Mr. Mahipal Bishnoi, PP.
Mr. Priyanshu Gopa.
HON’BLE MR. JUSTICE KULDEEP MATHUR
Order
20/03/2024
The instant criminal misc. petition under Section 482 Cr.P.C.
has been filed by the petitioner seeking quashing of the order
dated 05.09.2023 passed by the learned Special ACMM (PCPNDT
Act Cases), Jodhpur Metropolitan, Jodhpur in Criminal Regular
Case No.123/2019 to the extent that the learned court below has
refused to compound the offence under Section 498A IPC.
Learned counsel for the petitioner submitted that the
petitioner and the complainant are husband and wife and they
have settled their disputes and have arrived at a compromise. The
said compromise was submitted before the learned court below by
filing an application under Section 320 Cr.P.C., however, the
learned court below, though accepted the compromise to the
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[2024:RJ-JD:13246] (2 of 2) [CRLMP-1776/2024]
extent of Sections 406 and 323 IPC, but denied to compound the
offence punishable under Section 498A IPC.
Learned counsel for the petitioner has placed reliance on the
decision of Hon’ble the Supreme Court in the cases of Gian Singh
Vs. State of Punjab Anr. reported in (2012)10 SCC 303]
and B.S. Joshi Vs. State of Haryana, reported in (2003)4
SCC 675. He therefore prayed that the impugned criminal
proceedings pending against the petitioner may kindly be
quashed.
Learned counsel for the complainant concurs the factum of
compromise and submits that in view of the compromise, the
complainant is not inclined to proceed further in the matter.
In view of the compromise arrived at between the parties
and applying the ratio in decision of Gian Singh (Supra) and
B.S. Joshi (supra), this Court deems it just and proper to invoke
inherent powers under Section 482 Cr.P.C.
Accordingly, the instant misc. petition is allowed. The
impugned order dated 05.09.2023 passed by the learned Special
ACMM (PCPNDT Act Cases), Jodhpur Metropolitan, Jodhpur in
Criminal Regular Case No.123/2019 is hereby modified. All further
proceedings of the Criminal Regular Case No.123/2019 against the
petitioner pending in the court of Special ACMM (PCPNDT Act
Cases), Jodhpur Metropolitan, Jodhpur, are hereby quashed.
(KULDEEP MATHUR),J
348-himanshu/-
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