Allowed

Sheetal Tejwani v. State of Rajasthan

Rajasthan HC10 Sept 2021CRLMP/4807/2021

Case brief

AI extract

What is this about?

In a criminal miscellaneous petition filed by a couple, the High Court, relying on a reported compromise and the decision in Gian Singh, invoked inherent powers to allow the petition and discharge the petitioners of the offence under Section 498-A IPC.

What did the court decide?

The misc. petition is allowed and the petitioners are discharged of the offence under Section 498-A of IPC.

Sheetal Tejwani Vs State of Rajasthan — Matrimonial and Divorce | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc(Pet.) No. 4807/2021

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Sheetal Tejwani W/o Sh. Sunderlal Pandit, Aged About 30 Years, D/o Sh. Rajesh Tejwani, R/o Bombay Motors, Hazi Building, Pancholiyan Ki Nadi, Harijan Basti, Inside Gehtlot Kirana Store Gali, Jodhpur.

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Sunderlal Pandit S/o Sh. Santosh Pandit, Aged About 32 Years, R/o 83 Raika Bagh, Bank Colony, In Front Of Rajmata Girls School, Ward No. 43, Police Station Ratanada, Jodhpur.

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----Petitioners

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Versus

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State Of Rajasthan, Through Pp

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----Respondent

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For Petitioner(s) : MR. Madan Singh Rathore For Respondent(s) : Mr. Arun Kumar, PP

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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10/09/2021

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In wake of second surge in the COVID-19 cases, abundant caution is being maintained, while hearing the matters in Court, for the safety of all concerned.

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Learned counsel for the petitioner submits that the allegation in the FIR have arisen out of a matrimonial conflict. Learned counsel for the petitioner submits that a compromise between the parties has already been arrived at.

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Learned counsel for the petitioner has drawn attention of this Court towards the order dated 03.03.2021 passed by the learned court below, in which, the compromise has been partly accepted

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(2 of 2) [CRLMP-4807/2021]

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to the extent of 406 of IPC. The order dated 03.03.2021 is already on record.

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Learned counsel for the petitioner has placed reliance on a decision of Supreme Court in case of Gian Singh V/s. State of Punjab & Anr. [(2012) 10 SCC 303] .

¶19

In view of compromise arrived at between the parties as well as the aforesaid order dated 03.03.2021 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.

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Accordingly, the present misc. petition is allowed and the petitioners are discharged of the offence under Section 498-A of IPC as well, in relation to Criminal Case No.27/2016 pending before learned Special Judge and PCP&DT Cases Court, Jodhpur Metropolitan, Jodhpur.

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(DR. PUSHPENDRA SINGH BHATI),J.

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51-Sudheer/-

Sheetal Tejwani v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Sheetal Tejwani v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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