DEVENDRA PAL SINGH GROVER v. STATE OF RAJASTHAN, THROUGH PP
2019-05-21
VINIT KUMAR MATHUR
body2019
DigiLaw.ai
JUDGMENT : 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 State of M.P. v. Laxmi Narayan & Ors. [ AIR 2019 SC 1296 ]. 3. It is also submitted that upon the aforementioned compromise, the learned court below vide order dated 27/03/2019, has verified the compromise between the parties to the extent of the offence under Sections 406 IPC and has discharged the petitioner of the offence under Sections 406 IPC. 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 27/03/2019 of the learned court below and applying the ratio in decision of in the case of State of M.P. v. Laxmi Narayan & Ors. [ AIR 2019 SC 1296 ]., 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. 221/2015 pending before the learned Special Additional Chief Metropolitan Magistrate (P.C.P.N.D.T. Act Cases), Jodhpur Metropolitan.