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2021 Supreme(Raj) 277

IN THE HIGH COURT OF RAJASTHAN
Pushpendra Singh Bhati, J.
Aajad Mehta - Appellant
Versus
State Of Rajasthan - Respondent
Criminal Miscellaneous (Petition) No. 486 of 2021
Decided on : 21-01-2021

Advocates appeared:
Tushar Moad, Advocate, Farzand Ali, Advocate, Vikram Sharma, Advocate

The court can invoke its inherent powers under Section 482 Cr.P.C. to discharge accused persons of certain offences based on a compromise and the non-compoundable nature of the remaining offences.

Headnote:

Compromise - Criminal Law - The court invoked its inherent powers under Section 482 Cr.P.C. to discharge the petitioners of certain offences based on a compromise between the parties and the non-compoundable nature of the remaining offences.

Fact of the Case:

A compromise was reached between the parties, and the complainant was not inclined to proceed further. The court considered a previous order and a decision of the Supreme Court.

Finding of the Court:

The court allowed the petition and discharged the petitioners of certain offences based on the compromise and the non-compoundable nature of the remaining offences.

Issues: The issues involved the acceptance and verification of the compromise in relation to specific offences under the IPC.

Ratio Decidendi: The court invoked its inherent powers under Section 482 Cr.P.C. based on the compromise and the non-compoundable nature of certain offences, following the decision of Gian Singh Vs. State of Punjab & Anr. (2012) 10 SCC 303.

Final Decision: The present misc. petition was allowed, and the petitioners were discharged of the specified offences in the criminal case.

JUDGMENT

Pushpendra Singh Bhati, J. - In wake of onslaught of COVID-19, abundant caution is being taken while hearing the matters in Court.

2. It is stated at the Bar that a compromise has been arrived at between the parties. It is borne out that the complainant is not inclined to proceed further in the matter.

3. The order dated 13.03.2019 passed by the learned court below is taken on record.

4. Learned counsel for the parties have placed reliance on a decision of Supreme Court in case of Gian Singh V/s. State of Punjab & Anr., (2012) 10 SCC 303.

5. It is also submitted that upon the aforementioned compromise, the learned court below vide order dated 13.03.2019 has accepted the compromise in relation to the offence under Section 420 of IPC but declined to accept and verify the compromise in relation to the offence under Sections 467, 468, 471, 419 & 120 of IPC on the ground of the said offence being non-compoundable as per Section 320 Cr.P.C.

6. In view of compromise arrived at between the parties as well as the aforesaid order dated 13.03.2019 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.

7. Accordingly, the present misc. petition is allowed and the petitioners are discharged of the offence under Sections 419, 467, 468, 471 & 120-B of IPC as well, in relation to Criminal Case No.1462/2015 pending before learned Additional Senior Civil Judge and Additional Chief Judicial Magistrate No.1, Udaipur.

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