HIGH COURT OF JUDICATURE FOR RAJASTHAN
JODHPUR
S.B. Criminal Misc(Pet.) No. 3289/2018
Suresh Gupta
—-Petitioner
Versus
State Of Rajasthan Anr.
—-Respondent
For Petitioner(s) : Mr.Mahesh Khyani.
For Respondent(s) : Mr.VS Rajpurohit, PP.
HON’BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
04/10/2018
1. Learned counsel for the petitioner submits 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. It is also submitted that the
compromise was submitted before the learned court below but
vide order dated 6.7.2018, the same was accepted for offence
under Section 406 IPC and rejected qua offence under Section
498A IPC.
2. 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].
3. In view of the aforementioned compromise arrived at
between the parties and 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
(2 of 2) [CRLMP-3289/2018]
Cr.P.C.
4. Accordingly, the present misc. petition is allowed and
the petitioner is acquitted of the charge under Section 498A IPC
and all proceedings in Criminal Regular Case No.34/2018 pending
before the learned Additional Chief Judicial Magistrate, Rawatbhata
are quashed and set aside.
(DR. PUSHPENDRA SINGH BHATI),J
S.Phophaliya/-
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