HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 2360/2021
1. Rahul Jain S/o Shri Roopchand Jain, Aged About 33 Years,
R/o Plot No. 182/27, Kumbha Marg, Pratap Nagar, Jaipur.
2. Beena Jain W/o Shri Roopchand Jain, R/o Parashar
Colony, Mahwa, District Dausa.
----Petitioners
Versus
1. State Of Rajasthan, Through P.p.
2. Smt. Ranu Jain W/o Rahul Jain D/o Mahesh Chand Jain,
Aged About 33 Years, R/o B-262, Malviya Nagar, Jaipur.
----Respondents
For Petitioner(s) : Mr. Yogesh Singhal.
For Respondent(s) : Mr. S.K. Mahla, P.P.
For Complainant(s) : Mr. S.K. Sharma.
Ms. Ranu Jain, present in person.
HON'BLE MR. JUSTICE INDERJEET SINGH
Order
08/04/2021
1. Instant criminal Miscellaneous petition has been filed under Section 482 Cr.P.C. for quashing of the proceedings pending before the Additional Civil Judge & Metropolitan Magistrate No.5, Jaipur Metropolitan-Second, Jaipur in Criminal Case No.525/2017 titled as State of Rajasthan Vs. Rahul Jain & Anr.
2. It is submitted by counsel for the petitioners that the parties have settled their dispute by way of compromise. Counsel further submits that in view of the compromise, the parties filed an application before the trial court for compounding the offences under Sections 498-A & 406 of IPC, which was partly allowed by the learned trial court compounding the offence under Section 406 (Downloaded on 15/04/2021 at 08:36:36 PM) (2 of 2) [CRLMP-2360/2021] IPC vide order dated 19.03.2021 and now the offence under Section 498-A IPC remains against the petitioners. Counsel relied upon the judgment passed by the Hon'ble Supreme Court in the matter of Gian Singh Vs. State of Punjab & Anr. reported in 2012(10) SCC 303.
3. The complainant (Smt. Ranu Jain) along with her counsel is present in the court and both have not disputed the fact of compromise between the parties.
4. Learned Public Prosecutor has opposed the petition.
5. Considering the facts and circumstances of the present case and the fact that the parties have settled their dispute by way of compromise and also considering the judgment passed by the Hon'ble Supreme Court in the matter of Gian Singh (supra), the criminal misc. petition is allowed and the proceedings pending before the Additional Civil Judge & Metropolitan Magistrate No.5, Jaipur Metropolitan-Second, Jaipur in Criminal Case No.525/2017 are hereby quashed.
6. The stay application also stands disposed of.
(INDERJEET SINGH),J MG/192 (Downloaded on 15/04/2021 at 08:36:36 PM) Powered by TCPDF (www.tcpdf.org)