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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