Rahul Jain S/O Shri Roopchand Jain vs State Of Rajasthan
2021 Latest Caselaw 2316 Raj/2

       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

(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

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