Amit Chawla S/O Sh. Dayanand ... vs State Of Rajasthan
2021 Latest Caselaw 7313 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

      S.B. Criminal Miscellaneous (Petition) No. 8017/2021

Amit Chawla S/o Sh. Dayanand Chawla, R/o 13/91, Geeta
Colony, New Delhi -110031.
                                                                   ----Petitioner
                                   Versus
1.     State Of Rajasthan, Through P.p.
2.     Smt. Mamta W/o Sh. Amit Chawla D/o Sh. Subhash
       Nagpal, R/o House No. 57, Daudpur, Yognagar, Alwar
       (Raj).
                                                                ----Respondents

For Petitioner(s)        :     Mr. Asgar Khan.
For Respondent(s)        :     Mr. Shyam Prakash Sharma, P.P.
For Complainant                Mr. Yunus Khan.



          HON'BLE MR. JUSTICE INDERJEET SINGH

                                    Order

07/12/2021

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 Judicial Magistrate No.4, Alwar in

Criminal Case No.23/624/2016.

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

of IPC vide order dated 27.09.2021 and now the offence under

Section 498A of IPC remains against the petitioners. Counsel

(2 of 2) [CRLMP-8017/2021]

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. Counsel for the respondent no.2 (complainant) has 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 offence under 498-A of

IPC is compounded and the proceedings pending before the

Additional Civil Judge and Judicial Magistrate No.4, Alwar in

Criminal Case No.23/624/2016 are hereby quashed.

6. The stay application also stands disposed of.

(INDERJEET SINGH),J

MG/122

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