Deepak Babbar Son Of Late Sh. ... vs State Of Rajasthan
2021 Latest Caselaw 7230 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

      S.B. Criminal Miscellaneous (Petition) No. 7933/2021

Deepak Babbar Son Of Late Sh. Prathviraj Babbar, Aged About
42 Years, Resident Of Plot No. 10/653, Kaveri Path, Mansrowar
Jaipur, Recently Resident Of Plot No. 66/120, Heera Path, Behind
Dhanvantari Hospital, Mansrowar, Jaipur.
                                                                   ----Petitioner
                                   Versus
1.     State Of Rajasthan, Through P.p.
2.     Smt. Mamta Malhotra @ Ayushi Babbar W/o Sh. Deepak
       Babbar, D/o Late Sh. Rajkumar Malhotra, Aged About 40
       Years, Resident Of Plot No. 18, Shri Gopal Nagar,
       Panchyawala, Sirsi Road, Jaipur.
                                                                ----Respondents

For Petitioner(s) : Mr. Sandeep Bhagwati.

For Respondent(s) : Mr. S.S. Ola, P.P.

Mr. Dinesh Chand Sharma for respondent No.2 (complainant)

HON'BLE MR. JUSTICE INDERJEET SINGH

Order

06/12/2021

1. Instant criminal Miscellaneous petition has been filed under

Section 482 Cr.P.C. for quashing of the proceedings pending before

the Metropolitan Magistrate No.12, Jaipur Metropolitan, Jaipur-I in

Criminal Case No.164/2021.

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 498A & 406 of IPC, which was partly allowed by

the learned trial court compounding the offence under Section 406

(2 of 2) [CRLMP-7933/2021]

of IPC vide order dated 20.11.2021 and now the offence under

Section 498A of 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 respondent no.2 (complainant) along with her counsel is

present in the court and admitted the fact of compromise btween

the parties. A copy of the Aadhar card of the respondent No.2

(complainant) is taken on record.

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 offence under 498-A of

IPC is compounded and the proceedings pending before the

Metropolitan Magistrate No.12, Jaipur Metropolitan, Jaipur-I in

Criminal Case No.164/2021 are hereby quashed.

6. The stay application also stands disposed of.

(INDERJEET SINGH),J

MG/129

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