HIGH COURT OF JUDICATURE FOR RAJASTHAN
S.B. Criminal Misc(Pet.) No. 4554/2018
State of Rajasthan Anr.
For Petitioner(s) : Mr. Shambhoo Singh
For Respondent(s) : Mr. VS Rajpurohit, PP
Mr. P.S. Rathore, for complainant
HON’BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
1. It is stated at 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
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
16.11.2018, has verified the compromise between the parties to
the extent of the offence under Section 406 IPC and has
discharged the petitioner of offence under Section 406 IPC.
However, the learned court below has declined to verify the
compromise as regards offence under Section 498-A IPC on the
ground that the said offence is non-compoundable.
(2 of 2) [CRLMP-4554/2018]
4. In view of compromise arrived at between the parties
as well as aforesaid order dated 16.11.2018 of the learned court
below and applying the ratio in decision of Gian Singh Vs. State
of Punjab Anr. (supra), 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 offences under Sections 406 and
498-A IPC as well, in relation to Criminal Regular Case
No.760/2016 (State Vs. Kuldeep Joshi) pending before the learned
ACJM No.2, Udaipur.
(DR. PUSHPENDRA SINGH BHATI),J
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