Rajasthan High Court - Jodhpur
Avinash Tanwar vs State Of Rajasthan on 23 October, 2021
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR.
S.B. Criminal Misc(Pet.) No. 5543/2021
Avinash Tanwar S/o Shri Poonam Chand Tanwar, Aged About 32
Years, R/o Sukhdevi Nagar, Bedla Talai, Udaipur.
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Smt. Rajani @ Rukmani W/o Shri Avinash Tanwar, D/o
Jamna Lal Chanderiya, R/o 25-E, Adarsh Nagar, Pahada,
Udaipur.
----Respondents
For Petitioner(s) : Mr. Deepak Menaria.
For Respondent(s) : Mr. S.K.Bhati, PP
Mr. Praveen Bhati for the
complainant.
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order 23/10/2021
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 Gian Singh vs. State of Punjab, (2012) 10 SCC 303, State of M.P. V/s Laxmi Narayan & Ors. [AIR 2019 SC 1296] & Ram Gopal & Ors. Vs. State of Madhya Pradesh (Criminal Appeal No,.1489 and 1488 of 2012 decided on 29.09.2021).
3. It is also submitted that upon the aforementioned compromise, the learned court below vide order dated (Downloaded on 23/10/2021 at 09:35:02 PM) (2 of 2) [CRLMP-5543/2021] 17.07.2021, has verified the compromise between the parties to the extent of the offence under Sections 406 of IPC and has discharged the petitioner of the offence under Section 406. However, the learned court below has declined to verify the compromise as regards the offence under Sections 498-A IPC on the ground that the said offence is non-compoundable.
4. That counsel for the parties are in agreement that dispute between the parties has been amicably settled and therefore, complainant does not want to pursue the matter.
5. In view of compromise arrived at between the parties as well as the aforesaid order dated 17.07.2021 of the learned court below and applying the ratio in decision of in the case of Gian Singh vs. State of Punjab, (2012) 10 SCC 303, State of M.P. V/s Laxmi Narayan & Ors. [AIR 2019 SC 1296] & Ram Gopal & Ors. Vs. State of Madhya Pradesh (Criminal Appeal No,.1489 and 1488 of 2012 decided on 29.09.2021), 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 petitioner is discharged of the offence under Sections 498-A IPC as well, in relation to Criminal Regular Case No.2815/2017 pending before the learned Additional Chief Judicial Magistrate No.1, Udaipur.
(VINIT KUMAR MATHUR),J 41-Anil Singh/-
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