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Jolly @ Kusum vs State Of Rajasthan on 4 October, 2018

HIGH COURT OF JUDICATURE FOR RAJASTHAN
JODHPUR

S.B. Criminal Misc(Pet.) No. 3278/2018

Jolly @ Kusum Anr.

—-Petitioner
Versus
State Of Rajasthan

—-Respondent

For Petitioner(s) : Mr.SK Verma.
For Respondent(s) : Mr.VS Rajpurohit, PP.

HON’BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Order

04/10/2018

1. Learned counsel for the petitioners submits 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. It is also submitted that the

compromise was submitted before the learned court below but

vide order dated 14.8.2018, the same was accepted for offence

under Sections 406 509 of IPC and rejected qua offence under

Sections 498A, 377 506 IPC.

2. Learned counsel for the petitioners has placed reliance

on a decision of Supreme Court in case of Gian Singh V/s. State

of Punjab Anr. [(2012) 10 SCC 303].

3. In view of the aforementioned compromise arrived at

between the parties and applying the ratio in decision of Gian

Singh Vs. State of Punjab Anr. (supra), this Court deems it

just and proper to invoke inherent powers under Section 482
(2 of 2) [CRLMP-3278/2018]

Cr.P.C.

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

the petitioner no.2 is acquitted of the charges under Sections

498A, 377 506 of IPC and all proceedings in Criminal Regular

Case No.203/2018 pending before the learned Additional Chief

Judicial Magistrate No.1, Sri Ganganagar qua him are quashed and

set aside.

(DR. PUSHPENDRA SINGH BHATI),J

S.Phophaliya/-

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