HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Misc(Pet.) No. 1754/2021

1.

Narayan S/o Rama Ji Meena, Aged About 43 Years,

R/o.Ariyafala, Dakan Kotda, Hiranmagari, Udaipur.

2.

Sanjay Lohar S/o Jagdish Lohar, Aged About 28 Years,

R/o.Kulmiyo Ka Choraha, Jain Mohalla, Vallabhnagar,

Udaipur.

3.

Narendra Giri Goswami @ Pintu S/o Mohan Giri, Aged

About 37 Years, R/o.House No. 1830, Near Hanuman

Mandir, Road No. 01, Math Madadi, Police Station

Pratapnagar, Udaipur.

4.

Nathu Lal S/o Dela Meena, Aged About 48 Years, R/o.Fala

Mala Ka Kheta, Narda, Vaniya Talai, Police Station

Bhinder, Udaipur.

----Petitioners

Versus

1.

State Of Rajasthan, Through P.p.

2.

Babru Meena S/o Rama Ji Meena, Village Gundela, Police

Station Bhinder, Udaipur, Presently Residing At Mehro Ka

Guda, Police Station Sukher, Udaipur.

----Respondents

For Petitioner(s)

:

Mr. Mohd. Rasheed on behalf of

Mr. Deepak Menaria

For Respondent(s)

:

Mr. Anees Bhurat, PP

Mr. Praveen Bhati, for the

complainant.

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

24/03/2021

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 of 3)

[CRLMP-1754/2021]

2.

Learned counsel for the parties have placed reliance on the

decisions of the Hon’ble Supreme Court in case of in the case of

State of M.P. Vs. Laxmi Narayan & Ors. reported in AIR 2019

SC 1296 as well as Gian Singh Vs. State of Punjab & anr.”

reported in (2012) 10 SCC 303.

3.

It is also submitted that upon the aforementioned

compromise, the learned court below vide Order dated

27/01/2021 has verified the compromise between the parties to

the extent of the offences under Sections 420 of I.P.C. and has

discharged the petitioner of the offences under Sections 420 of

I.P.C. However, the learned court below has declined to verify the

compromise as regards the offence under Sections 120-B I.P.C.

on the ground that the said offence is non-compoundable.

4.

Learned 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 27/01/2021 passed by the learned

court below and applying the ratio of law in the decisions rendered

by the Hon’ble Supreme Court in the case of Laxmi Narayan & Ors.

(supra) as well as Gian Singh (supra), this Court deems it just and

proper to invoke inherent powers of this Court under Section 482

of Cr.P.C.

6.

Accordingly, the present misc. petition is allowed and the

petitioner is discharged of the offence under Section 120-B of

I.P.C. as well, in relation to Regular Criminal Case No.577/2018

(3 of 3)

[CRLMP-1754/2021]

pending before the learned Special Additional Chief Judicial

Magistrate (P.C.P.N.D.T. Act Cases), Udaipur.

(VINIT KUMAR MATHUR),J

17-SanjayS/-