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Suresh Gupta vs State Of Rajasthan on 4 October, 2018

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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