Hitesh Thani S/O Mr. Vijay Thani vs State Of Rajasthan
2021 Latest Caselaw 7314 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

        S.B. Criminal Miscellaneous (Petition) No. 7968/2021

Hitesh Thani S/o Mr. Vijay Thani, Aged About 33 Years, R/o J-
805, Amrapali Silicon City, Sector 76, Noida, Gautam Budh
Nagar, Uttar Pradesh- 201301.
                                                                    ----Petitioner
                                    Versus
1.       State Of Rajasthan, Through Public Prosecutor.
2.       Mrs. Pooja Thani D/o Late Mr. R.c Shivnani, Aged About
         35 Years, R/o 2/632, Prem Nagar, Lane No. 7, Foy Sagar
         Road, Ajmer, Rajasthan-305001.
                                                                 ----Respondents

For Petitioner(s)         :     Mr. Sameer Sharma.
For Respondent(s)         :     Mr. Shyam Prakash Sharma, P.P.
For Complainant                 Ms. Pooja Thani, present in person.



            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 learned Special Additional Chief Judicial Magistrate (PCPNDT),

Ajmer in Criminal Case No.1299/2018 as well as for quashing of

the FIR No.113/2018 registered at Police Station Mahila Police

Thana Ajmer for the offence under Sections 498A, 406 & 323 of

IPC.

2. It is submitted by counsel for the petitioner that the parties

have settled their dispute by way of compromise and in view of

the compromise the petitioner has handed over the Demand Draft

of Rs.4,50,000/- to the complainant today in the Court. A copy of

the Demand Draft is taken on record. Counsel relied upon the

(2 of 2) [CRLMP-7968/2021]

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 and prayed that the proceedings pending before the

court below as well as the FIR be quashed in view of the

compromise between the parties.

3. The respondent no.2 (complainant) is present in the court

and admitted the fact of compromise between 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 proceedings pending

before the learned Special Additional Chief Judicial Magistrate

(PCPNDT), Ajmer in Criminal Case No.1299/2018 as well as the

FIR No.113/2018 registered at Police Station Mahila Police Thana

Ajmer, are hereby quashed.

6. The stay application also stands disposed of.

(INDERJEET SINGH),J

MG/112

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