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Kuldeep Joshi vs State Of Rajasthan on 17 December, 2018

HIGH COURT OF JUDICATURE FOR RAJASTHAN
JODHPUR

S.B. Criminal Misc(Pet.) No. 4554/2018

Kuldeep Joshi

—-Petitioner
Versus
State of Rajasthan Anr.

—-Respondent

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

Order

17/12/2018

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

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

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

Sanjay

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