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Satyendra Singh Rao vs State Of Rajasthan on 15 January, 2019

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR

S.B. Criminal Misc(Pet.) No. 191/2019

Satyendra Singh Rao S/o Ishwar Singh Rao, Aged About 32
Years, R/o House Bansh Das Vaishnav , 35 Shastri Nagar, Ward No 33, Khempura , Tehsil Girwa , District Udaipur —-Petitioner
Versus

1. State Of Rajasthan, Through PP

2. Smt. Minakshi Rao W/o Satyendra Rao , D/o Devi Singh,
(Hardayal Singh Rao) R/o Village Dhamlu , Post Badatanda , Via Dhamotar, Tehsil And District
Pratapgarh , At Present Opposite Krishi Mandi Gate, Krishi Mandi Road, Pratapgarh (Raj.)—-Respondents

For Petitioner(s) : Mr.RS Mankad.
For Respondent(s) : Mr.JP Bhardwaj, PP.

Mr.Prateek Rohiwal.

HON’BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Order

15/01/2019

1. For the reasons stated, the defects pointed out by the office are overruled.

2. Learned counsel for the petitioner and learned counsel for the respondent no.2 submit that a compromise has been arrived at between the parties. The compromise was submitted before the learned Court below. However, vide order dated 16.11.2018, the learned Court below accepted the same for the offence under Section 406 of IPC but refused it for offence under Section 498A of IPC.

3. In view of the aforementioned compromise arrived at between the parties, 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 all proceedings in Criminal Regular Case No.563/2017 pending before the learned Chief Judicial Magistrate, Pratapgarh qua the petitioner are quashed and set aside.

(DR.PUSHPENDRA SINGH BHATI),J

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