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Judgments of Supreme Court of India and High Courts

Praful vs State Of Rajasthan on 18 September, 2018

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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