HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
S.B. Criminal Misc(Pet.) No. 3993/2018
Nepal Singh S/o Shri Banwar Singh Bhati, Aged About 30 Years,
r/o Shree Ram Flour Mills, Prithvipura, Rasala Road, Jodhpur.
1. State Of Rajasthan.
2. Babli W/o Nepal Singh, D/o Shri Kushal Singh, R/o 18,
Kishore Bhawan, Ram Mohalla, Outside Nagauri Gate
For Petitioner(s) : Mr.LP Rai.
For Respondent(s) : Mr.MS Panwar, PP.
HON’BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
1. Learned counsel for the petitioner submits that a
compromise has been arrived at between the parties i.e. petitioner
husband and respondent no.2 wife. It is also submitted that it is a
matrimonial matter between husband and wife. The compromise
was submitted before the learned court below and vide order
dated 27.10.2017, the same was accepted for offence under
Sections 406 323 of IPC but was rejected for offence under
Section 498A of IPC.
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. In view of the aforementioned compromise arrived at
(2 of 2) [CRLMP-3993/2018]
between the parties and since it is a matrimonial matter, applying
the ratio of decision in 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 all
proceedings in Criminal Case No.240/2011 pending before the
learned Judicial Magistrate, Jodhpur District are quashed and set
(DR.PUSHPENDRA SINGH BHATI),J
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