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Maan Singh vs State on 18 December, 2018

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 4582/2018

1. Maan Singh S/o Rewat Singh, Aged About 30 Years,
Jodhpur

2. Rewat Singh S/o Kalyan Singh, Aged About 58 Years,
Jodhpur

3. Dhapu Devi Spouse/o Rewat Singh, Aged About 55 Years,
All B/c Rajput, R/o Mahamandir, Naya Bass, Near Kishore
Singh Ji Ki Haveli, Jodhpur.

—-Petitioners
Versus

1. State, Through Pp

2. Smt. Anita Kanwar @ Guddu W/o Maan Singh, D/o Jai
Singh Ro Suryanagar, Mahamandir, Outside Of The Tisri
Pole, Mahamandir, Jodhpur.

—-Respondents

For Petitioner(s) : Mr. N.K. Bohra
For Respondent(s) : Mr. VS Rajpurohit, Public Prosecutor
Mr. Narendra Kumar, for complainant

HON’BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Order

18/12/2018

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 18.5.2018,
(2 of 2) [CRLMP-4582/2018]

has verified the compromise between the parties to the extent of

offence under Section 406 IPC and has discharged the petitioner

of offence U/s.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.

4. In view of compromise arrived at between the parties

as well as the aforesaid order dated 18.5.2018 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 petitioners are discharged of offence under Sections 406 and

498-A IPC as well, in relation to Criminal Regular Case

No.105/2013 (State Vs. Maan Singh) pending before the learned

Judicial Magistrate No.7, Jodhpur Metropolitan.

(DR. PUSHPENDRA SINGH BHATI),J

Sanjay

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