Allowed

Jayesh Jain v. State of Rajasthan

Rajasthan HC27 Oct 2021CRLMP/5864/2021

Case brief

AI extract

What is this about?

The High Court, relying on §482 Cr.P.C. and Supreme Court precedents (Gian Singh, Laxmi Narayan, Ram Gopal), allowed a criminal miscellaneous petition. Following a compromise agreement, the Court discharged the petitioner from compoundable offences under Sections 406 and 323 IPC and also discharged him from non-compoundable Section 498-A IPC charges, dismissing the complaint due to the settlement.

What did the court decide?

Petitioner discharged from offences under Sections 498-A, 406, and 323 IPC; Criminal Misc. Petition allowed.

Jayesh Jain 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. 5864/2021

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Jayesh Jain S/o Sh. Sanjay Jain, Aged About 32 Years, B/c Jain, R/o 66, Shyam Nagar, Pal Link Road, Jodhpur (Raj.).

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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Neha Jain W/o Jayesh Jain, D/o Surendra Mehta, Aged About 29 Years, B/c Jain, R/o C-106, Shastri Nagar, Jodhpur.

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----Respondents

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For Petitioner(s)	: Mr. Naresh Tak
For Respondent(s)	: Mr. Arun Kumar, PP
	Ms. Suhani Dhariwal for the respondent No.2.

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HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

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Order

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27/10/2021

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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.

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Learned counsel for the parties have placed reliance on a decision of Supreme Court in case of Gian Singh vs. State of Punjab, (2012) 10 SCC 303, State of M.P. V/s Laxmi Narayan & Ors. [AIR 2019 SC 1296] & Ram Gopal and Ors. Vs. State of Madhya Pradesh (Criminal Appeal No. 1489 and 1488 of 2012 decided on 29.09.2021)].

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It is also submitted that upon the aforementioned compromise, the learned court below vide order dated

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(2 of 2) [CRLMP-5864/2021]

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21/10/2021, has verified the compromise between the parties to the extent of the offence under Sections 406 & 323 IPC and has discharged the petitioners of the offences under Sections 406 and 323 IPC . However, the learned court below has declined to verify the compromise as regards the offence under Sections 498-A IPC on the ground that the said offence is non-compoundable.

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That 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.

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In view of compromise arrived at between the parties as well as the aforesaid order dated 21/10/2021 of the learned court below and applying the ratio in decision of in the case of Gian Singh vs. State of Punjab, (2012) 10 SCC 303, State of M.P. V/s Laxmi Narayan & Ors. [AIR 2019 SC 1296] & Ram

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Gopal and Ors. Vs. State of Madhya Pradesh (Criminal Appeal No. 1489 and 1488 of 2012 decided on 29.09.2021). , I deem it just and proper to invoke inherent powers of this Court under Section 482 Cr.P.C.

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Accordingly, the present misc. petition is allowed and the petitioner is discharged of the offences under Sections 498-A IPC as well, in relation to Criminal Case No.9647/2020 pending before the PCPNDT Court, Jodhpur Metropolitan.

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(VINIT KUMAR MATHUR),J

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149-SanjayS/-

Jayesh Jain v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Jayesh Jain v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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