Allowed

Rahis Babu v. State of Rajasthan and Anr.

Rajasthan HC10 Jan 2013CRLMP/2025/2012

Case brief

AI extract

What is this about?

The petitioner filed a Special Criminal Miscellaneous Petition seeking quashing of proceedings under Section 498A IPC after a settlement was reached. Relying on B.S. Joshi, the Court held that despite the offence being non-compoundable, the high court's intrinsic power allows dropping the case in view of the settlement.

What did the court decide?

The proceedings for offence under Section 498A IPC were ordered to be dropped and the stay application was allowed.

Rahis Babu Vs State of Rajasthan and… — Constitutional and Fundamental Rights | Rajasthan HC (2013)

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH

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S.B. Criminal Misc. Petition No.2025/2012

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Rahis Babu

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Versus

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State of Rajasthan & Anr.

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DATE OF ORDER : 10/01/2013 HON'BLE MR.JUSTICE M.N. BHANDARI

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Mr. Anil Jain, for petitioner Mr. Laxman Meena, P.P., for State Mr. Jitendra Pandey, for respondent-complainant

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***

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By this petition, a case was registered for offence u/s.498A. The parties entered into settlement and submitted compromise before the court below. The offence was not found compoundable u/s.320 Cr.P.C., thus, criminal case was not dropped and compromise was not verified.

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In view of settlement between the parties, the proceedings for offence u/s.498A can be dropped in a petition u/s.482 Cr.P.C. in view of the judgment of Hon'ble Apex Court in the case of B.S. Joshi & Ors. Vs. State of Haryana & Anr., reported in 2003 (4) SCC 675.

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In the light of the above and taking note of settlement between the parties, the proceedings in reference to offence u/s.498A IPC are ordered to be dropped.

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With the aforesaid, misc. petition so as stay application are allowed.

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FRBOHRA/PA/2025CMP2012.doc

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Certificate:

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“All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.”

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FATEH RAJ BOHRA, P.A.

Rahis Babu v. State of Rajasthan and Anr.

Case brief

What is this about?

What did the court decide?

Rahis Babu v. State of Rajasthan and Anr.

Case brief

What is this about?

What did the court decide?

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