HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 2475/2019
Rohit Bhati S/o Sh. Ravi Kumar Bhati, Aged About 32 Years, R/o
907, Parth Residency, Pushpa Park, Malad (East) Mumbai
Maharastra.
—-Petitioner
Versus
1. State, Through Pp
2. Sangita Solanki D/o Sh. Dhana Ram Solanki, Resident Of
141, Tagor Nagar, Pali, Rajasthan.
—-Respondents
For Petitioner(s) : Mr. Ambalal for Mr. Tanwar Singh
Rathore
For Respondent(s) : Mr. Gaurav Singh, PP
Mr. Farzand Ali AAG Cum Ga
Mr. Vikram Singh for the respondent
No.2.
HON’BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
24/05/2019
1. It is stated at the Bar that a compromise has been arrived at
between the parties and it is borne out from the compromise that
the 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 in the case of State of
M.P. V/s Laxmi Narayan Ors. [AIR 2019 SC 1296].
3. It is also submitted that upon the aforementioned
compromise, the learned court below vide order dated
09.04.2019, has verified the compromise between the parties to
the extent of the offences under Sections 406 IPC and has
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(2 of 2) [CRLMP-2475/2019]
discharged the petitioners of the offences under Sections 406 IPC.
However, the learned court below has declined to verify the
compromise as regards the offences under Sections 498-A IPC on
the ground that the said offences are non-compoundable.
4. That the counsel for the parties are in agreement that
the dispute between them has been amicably settled and
therefore, the complainant-respondent No.2 does not want to
pursue the matter.
5. In view of compromise arrived at between the parties
as well as the aforesaid order dated 09.04.2019 of the learned
court below and applying the ratio in decision of in the case of
State of M.P. V/s Laxmi Narayan Ors. [AIR 2019 SC
1296]. , I deem it just and proper to invoke inherent powers of
this Court under Section 482 Cr.P.C.
6. Accordingly, the present misc. petition is allowed and
the petitioners are discharged of the offences under Sections
498-A IPC as well, in relation to Case No.38/2015 pending before
the learned Judicial Magistrate, Pali.
(VINIT KUMAR MATHUR),J
89-SanjayS/-
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