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Rahul Sharma vs State Of Rajasthan on 13 December, 2018

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 4480/2018

Rahul Sharma S/o Shri Ramesh Dutt Sharma, Aged About 29
Years, By Caste Brahmin, R/o House No. 340, K-01, Bhuwalpura,
Udaipur.

—-Petitioner
Versus

1. State Of Rajasthan, Through Pp

2. Ridhi @ Radhika D/o Sita Ram, Aged About 25 Years, By
Caste Brahmin, Resident Of C/o Radheshyam Ji S/o Shri
Murlidhar, Bada Bas, Dhana Mohalla, Near Moti Ji Ki
Chakki, Mathaniya, Tehsil Tinwari, District Jodhpur.

—-Respondents

For Petitioner(s) : Mr. Vishal Sharma
For Respondent(s) : Mr. VS Rajpurohit, PP

HON’BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Order

13/12/2018

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 parties have 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 17.11.2018

has accepted and verified the compromise only to the extent of

the offence under Section 406 IPC, but declined to accept the

compromise in relation to the offence under Section 498-A of IPC.

(2 of 2) [CRLMP-4480/2018]

4. In view of compromise arrived at between the parties

as well as the aforesaid order dated 17.11.2018 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 petitioner is discharged of the offence under Section 498-A

IPC as well, in relation to Criminal Case No.13861/2018 pending

before learned Metropolitan Magistrate No.2 Jodhpur Metropolitan.

(DR.PUSHPENDRA SINGH BHATI),J

91-Sudheer/-

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