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Judgments of Supreme Court of India and High Courts

Mahipal vs State Of Rajasthan on 12 September, 2019

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 2632/2019

1. Mahipal S/o Sh. Pokar Ram, Aged About 30 Years, B/c
Vishnoi , R/o Village Finch , P.s. Luni , Distt. Jodhpur

2. Pokar Ram, Aged About 60 Years, B/c Vishnoi , R/o
Village Finch , P.s. Luni , Distt. Jodhpur

3. Sayri Alias Sau, Aged About 58 Years, B/c Vishnoi , R/o
Village Finch , P.s. Luni , Distt. Jodhpur

—-Petitioners
Versus

1. State Of Rajasthan, Through Pp

2. Smt. Leela Devi D/o Bagduram, R/o Village Finch , P.s.

Luni , Distt. Jodhpur

—-Respondents

For Petitioner(s) : Mr.Sukhdev Sharma.
For Respondent(s) : Mr.Sudhir Tak, PP a/w Ms.Kamla
Goswami.

HON’BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Order

12/09/2019

1. It is stated at the Bar 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.

2. Learned counsel for the petitioner has 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 10.9.2018

(Downloaded on 12/09/2019 at 09:12:19 PM)
(2 of 2) [CRLMP-2632/2019]

has accepted and verified the compromise only to the extent of

the offence under Section 406 IPC.

4. In view of compromise arrived at between the parties

as well as the aforesaid order dated 10.9.2018 of the learned

court below and applying the ratio in decision of Gian Singh Vs.

State of Punjab Anr. (supra), this Court deems it just and

proper to invoke its inherent powers under Section 482 Cr.P.C.

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

the petitioners are discharged of the offence under Section 498A

IPC as well, in relation to Regular Criminal Case No.518/2013

pending before learned PCPNDT Court, Jodhpur Metropolitan,

Jodhpur.

6. Stay petition also stands disposed of accordingly.

(DR. PUSHPENDRA SINGH BHATI),J
148-SPhophaliya/-

(Downloaded on 12/09/2019 at 09:12:19 PM)

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