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Mahesh Menaria vs State on 27 September, 2018

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 3191/2018

1. Mahesh Menaria S/o Kishan Lal Menaria, Aged About 36
Years, B/c Menaria R/o H.no. 372, Dholi, Magri, Peneriyo
Ki Madri, P.s. Hiran Magri, District Udaipur.

2. Reena Menaria W/o Kishanlal Menaria, Aged About 50
Years, B/c Menmaria, R/o H.no. 372, Dholi, Magri,
Paneriyo Ki Madari, P.s. Hiran Magri, District Udaipur.

—-Petitioners
Versus

1. State, Through P.p.

2. Smt. Seema Menaria D/o Dalip Menaria D/o Mahesh
Menaria, Aged about 30 years, R/o 323 Paneriyo Ki
Madari, P.S. Hiran Magari, District Udaipur.

—-Respondents

For Petitioner(s) : Mr.GS Bhati.
For Respondent(s) : Mr.VS Rajpurohit, PP.

Mr.RS Kumpawat.

HON’BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Order

27/09/2018

1. Learned counsel for the petitioners and learned counsel

for the respondent no.2 submit 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 the same was

accepted qua offence under Section 406 IPC vide order dated

27.4.2018.

2. Learned counsel for the petitioners has placed reliance
(2 of 2) [CRLMP-3191/2018]

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

Cr.P.C.

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

the petitioners are acquitted of the charges under Sections 498A

and 406 IPC and all proceedings in Criminal Case No.587/2014

pending before the Learned Additional Chief Judicial Magistrate

No.2, Udaipur are quashed and set aside.

(DR. PUSHPENDRA SINGH BHATI),J

S.Phophaliya/-

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