This order allowed a criminal miscellaneous petition under Section 482 Cr.P.C. invoking inherent powers based on a compromise between parties and a Supreme Court precedent to discharge the petitioner of the offence under Section 326 IPC, which was previously non-accepted by the lower court.
Petitioner discharged of offence under Section 326 IPC; stay petition disposed.
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[CRLMP-201/2021]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc(Pet.) No. 201/2021
Gaurav Khatik S/o Shri Laxmi Lal Ji Khatik, Aged About 27 Years, Sukhdevi Nagar, Bedla, Police Station Sukher, Udaipur.
----Petitioner
Versus
----Respondents
| For Petitioner(s) | : Mr.Moh. Rasheed. |
|---|---|
| For Respondent(s) | : Mr.Gaurav Singh, PP. Mr.Praveen Bhati. |
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
15/01/2021
Punjab & Anr. [(2012) 10 SCC 303] .
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[CRLMP-201/2021]
under Sections 323 & 341 of IPC but declined to accept and verify the compromise in relation to the offence under Section 326 of IPC. The learned Court below has also not accepted the compromise in relation to the offence under Section 326 of IPC on the ground of the said offence being non-compoundable as per Section 320 Cr.P.C.
(DR. PUSHPENDRA SINGH BHATI),J
231-SPhophaliya/-
2 issues framed by the court
Whether the inherent powers under Section 482 Cr.P.C. should be invoked to discharge the petitioner given the compromise between parties.
Whether a compromise regarding a non-compoundable offence under Section 326 IPC can be accepted for discharge after a court declined to accept it earlier.
Colour shows how this judgement treated each authority
Gian Singh vs. State of Punjab & Anr.Applied¶17
Gian Singh V/s. State of Punjab & Anr. [(2012) 10 SCC 303] · Who else cites this
Gian Singh vs. State of PunjabApplied¶23
Gian Singh Vs. State of Punjab & Anr. (supra)
1 provisions across 1 enactments
Gaurav Khatik
State
Nikhil Khatik
PUSHPENDRA SINGH BHATI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
