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Nepal Singh vs State Of Rajasthan on 19 December, 2018

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
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.

—-Petitioner
Versus

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
Jodhpur.

—-Respondents

For Petitioner(s) : Mr.LP Rai.
For Respondent(s) : Mr.MS Panwar, PP.

HON’BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Order

19/12/2018

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

aside.

(DR.PUSHPENDRA SINGH BHATI),J

28-SPhophaliya/-

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