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Shankar Lal vs State Of Rajasthan on 20 June, 2019

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 2976/2019

Shankar Lal S/o Late Sh. Keshu Lal, Aged About 75 Years, B/c
Kalal , R/o 79-A, Subhash Nagar , Gali No 3, P.s. Bhopalpura ,
Distt. Udaipur

—-Petitioner
Versus

1. State Of Rajasthan

2. Smt. Sunita Choudhary W/o Sh. Suresh @ Verdhichan
Choudhary, Aged About 39 Years, R/o 79-A , Subhash
Nagar , P.s. Bhopalpura , Udaipur

—-Respondents

For Petitioner(s) : Mr. C.S. Rathore
For Respondent(s) : Mr. Mukhtiyar Khan, PP
Mr. Deepak Menaria

HON’BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
(VACATION JUDGE)

Order

20/06/2019

1. The petitioner has preferred this criminal misc. petition

under Section 482 Cr.P.C. claiming the following reliefs:

“It is, therefore, most respectfully prayed that this
Misc. Petition may kindly be allowed and the order dated
09.05.2019 passed by learned Judicial Magistrate, Udaipur
City (South) No.2, Udaipur may kindly be quashed and set
aside and on the basis of compromise entered between the
parties the criminal proceedings pertaining to regular
criminal case No.4981/2018 (State Vs. Shankar Lal)
pertaining to FIR No.79/2018 of P.S. Bhopalpura, Udaipur,
pending trial before the learned Judicial Magistrate, Udaipur
City (South) No.2, Udaipur may kindly be quashed.

Any other appropriate relief which this Hon’ble Court
deems, fit and proper may kindly be passed in favour of
the petitioner.”

2. It is stated at the Bar that a compromise has been

arrived at between the parties. It is borne out from the

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(2 of 2) [CRLMP-2976/2019]

compromise that complainant is not inclined to proceed further in

the matter.

3. Learned counsel for the petitioner has placed reliance

on a decision of Supreme Court in case of Gian Singh V/s. State

of Punjab Anr. [(2012) 10 SCC 303].

4. It is also submitted that upon the aforementioned

compromise, the learned court below vide order dated 09.05.2019

has accepted and verified the compromise only to the extent of

the offences under Sections 341, 323, 325, 427 and 509 IPC, but

declined to accept the compromise in relation to the offence under

Section 354 of IPC on the ground of the said offence being non-

compoundable as per Section 320 Cr.P.C.

5. In view of compromise arrived at between the parties

as well as the aforesaid order dated 09.05.2019 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.

6. Accordingly, the present misc. petition is allowed and

the petitioner is discharged of the offences under Sections 354 IPC

as well, in relation to Regular Criminal Case No.4981/2018

pending before learned Judicial Magistrate, Udaipur City (South)

No.2, Udaipur.

(DR.PUSHPENDRA SINGH BHATI),VJ

195-Zeeshan/-

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