High Court discharge petitioners from offences under Sections 406 and 498-A IPC invoking inherent powers under Section 482 CrPC based on a compromise between parties and the Supreme Court judgment in Gian Singh.
Petitioners discharged from offences under Sections 406 and 498-A IPC.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc(Pet.) No. 744/2021
----Petitioners
Versus
----Respondents
| For Petitioner(s) | : Mr. DilipSingh Baghela |
|---|---|
| For Respondent(s) | : Mr. Gaurav Singh, PP Mr. Girdhari Sinwaria, for the complainant |
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
02/02/2021
Anr. [(2012) 10 SCC 303] .
(2 of 2) [CRLMP-744/2021]
the learned court below vide order dated 20.01.2021 has verified the compromise between the parties to the extent of offence under Section 406 of IPC and has discharged the petitioners for aforesaid offence, however, the learned court below has declined to verify the compromise as regards offence under Sections 498-A IPC on the ground that the said offence is non-compoundable.
(DR.PUSHPENDRA SINGH BHATI),J.
291-Sanjay/-
2 issues framed by the court
Whether inherent powers under Section 482 CrPC should be invoked to discharge petitioners in light of a compromise between parties.
Whether Sections 406 and 498-A IPC can be discharged despite Section 498-A being non-compoundable given the Supreme Court ratio in Gian Singh.
Colour shows how this judgement treated each authority
Gian Singh V/s. State of Punjab & Anr.Applied¶16
(2012) 10 SCC 303 · Who else cites this
3 provisions across 2 enactments
Chandra Mohan
Ramniwas
State of Rajasthan
Smt. Manju
Dr. Pushendra Singh Bhati
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
