HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 2345/2021
Haridayal Singh Son Of Shri Mohan Baloda, Resident Of Ward No.
15, Baleshwar Mohalla, Reengus, District Sikar, Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through P.p.
2. Smt. Bala Kiran Wife Of Shri Haridayal Singh Daughter Of
Shri Mohan Singh, Resident Of Ward No. 15, Baleshwar
Mohalla, Reengus, District Sikar, Rajasthan.
----Respondents
For Petitioner(s) : Mr Shailender Singh Balwada, Adv.
For Respondent(s) : Mr. S.K. Mahla, PP
For Complainant(s) : Ms. Kajal Jangid, Adv.
Ms. Bala Kiran, 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 and Metropolitan Magistrate No.11, Jaipur Metropolitan Second in Criminal Case No.341/2018 titled as State Vs. Haridayal Singh.
2. It is submitted by counsel for the petitioner that the parties have entered into a 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 406, 323, 341 and 498-A of IPC, which was partly allowed by the learned trial court compounding the offences under Sections 406, 323 and 341 IPC vide order dated 11.02.2021 and now the offence under (Downloaded on 15/04/2021 at 08:36:35 PM) (2 of 2) [CRLMP-2345/2021] Section 498-A IPC remains against the petitioner. 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 herself along with her counsel is present in the court and both have admitted the fact of compromise between the parties and stated that they have no objection if the criminal proceedings pending before the trial court are quashed.
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 and Metropolitan Magistrate No.11, Jaipur Metropolitan Second in Criminal Case No.341/2018 titled as State Vs. Haridayal Singh are hereby quashed.
6. The stay application also stands disposed of.
(INDERJEET SINGH),J JYOTI /564 (Downloaded on 15/04/2021 at 08:36:35 PM) Powered by TCPDF (www.tcpdf.org)