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Rohit Bhati vs State on 24 May, 2019

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/-

(Downloaded on 28/06/2019 at 06:21:08 AM)

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