Haridayal Singh Son Of Shri Mohan ... vs State Of Rajasthan
2021 Latest Caselaw 2318 Raj/2

       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

(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

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