Dismissed

Hemant Meghawat v. State

Rajasthan HC5 Aug 2022CRLMP/949/2020

Case brief

AI extract

What is this about?

In this criminal miscellaneous petition, the High Court of Rajasthan at Jodhpur allowed the discharge of the petitioner from charges under Section 498-A IPC based on a compromise between parties, relying on the precedent in Gian Singh and invoking inherent powers under Section 482 Cr.P.C., despite the offence being non-compoundable.

What did the court decide?

Petitioner discharged from offence under Section 498-A IPC; Criminal case 440/2016 held quashed via inherent powers.

Hemant Meghawat Vs State — Domestic Violence | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc(Pet.) No. 949/2020

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Hemant Meghawat S/o Shri Kanti Lal Meghawat, Aged About 41 Years, H.no. 15, Jain Colony, University Road, Udaipur, Rajasthan.

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----Petitioner

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Versus

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State, Through P.p.

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Anita Sharma W/o Shri Hemant Meghwat D/o Late Shri Vijay Shanker Sharma, Aged About 39 Years, H.no. 02, Mayank Colony, Road No. 5, Behind Gregarious School, Sukher, Udaipur, Rajasthan.

¶8

Nirmala Sharma W/o Late Shri Vijay Shanker Sharma, Aged About 70 Years, H.no. 02, Mayank Colony, Road No. 5, Behind Gregarious School, Sukher, Udaipur, Rajasthan.

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----Respondents

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For Petitioner(s) : Dr. Nikhil Dungawat For Respondent(s) : Mr. Gaurav Singh, PP

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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05/08/2022

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It is stated at the Bar that a compromise has been arrived at between the parties. It is borne out that the complainant is not inclined to proceed further in the matter.

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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] .

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It is also submitted that upon the aforementioned compromise, the learned court below vide order dated 30.10.2018 has accepted the compromise in relation to the offence under Sections 406 IPC, but declined to accept and verify the

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(2 of 2)

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[CRLMP-949/2020]

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compromise in relation to the offence under Section 498-A IPC being non-compoundable.

¶20

In view of the compromise arrived at between the parties as well as the aforesaid order dated 30.10.2018 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.

¶21

Accordingly, the present misc. petition is allowed and the petitioner is discharged of the offence under Section 498-A IPC as well, in relation to Criminal Case No.440/2016 pending before learned Additional Chief Judicial Magistrate No.2, Udaipur.

¶22

Stay petition stands disposed of.

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(DR.PUSHPENDRA SINGH BHATI), J.

¶24

66-Zeeshan

Hemant Meghawat v. State

Case brief

What is this about?

What did the court decide?

Hemant Meghawat v. State

Case brief

What is this about?

What did the court decide?

What the court decided

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