HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 2988/2018
Praful S/o Sh. Anil Joshi, Aged About 34 Years, B/c Brahmin, R/o
134-Swami Nagar Tekari, Madari Road, Hiran Magari, Dist.
Udaipur
—-Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Smt. Charmi Joshi W/o Sh. Praful Joshi, D/o Sh. Kanti Lal
Upadhyay, R/o Sadar Bazar, Kherwara Dist. Udaipur
—-Respondents
For Petitioner(s) : Mr.Shambhoo Singh.
For Respondent(s) : Mr.MS Panwar, PP.
Mr.PS Rathore.
HON’BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
18/09/2018
1. The petitioner is facing trial in the Court of Judicial
Magistrate, Kherwara for the offences under Sections 498A 406
IPC.
2. Learned counsel for the petitioner husband and
respondent no.2 wife jointly submit that a compromise has been
arrived at between the parties. It is also submitted that the
compromise was submitted before the learned court below but the
same was accepted vide order dated 4.8.2018 only to the effect of
compounding offence under Section 406 IPC. It is borne out from
the compromise that complainant is not inclined to proceed further
in the matter. Learned counsel for the parties have placed reliance
on a decision of Supreme Court in case of Gian Singh V/s. State
(2 of 2) [CRLMP-2988/2018]
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 petitioner is acquitted of the offence under Section 498A IPC
and all proceedings of Criminal Case No.166/2014 pending before
the learned Judicial Magistrate, Kherwara are quashed and set
aside.
(DR. PUSHPENDRA SINGH BHATI),J
S.Phophaliya/-
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