Citation : 2021 Latest Caselaw 7431 Raj/2
Judgement Date : 9 December, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 8086/2021
Nanagram Son Of Late Shri Gopal Patliya, Resident Of Village
Subhrampura, Tehsil Amer (Raj).
----Petitioner
Versus
1. State Of Rajasthan, Through Public Prosecutor.
2. Smt. Seema @ Uma Wife Of Nanagram D/o Shri
Surajmal, Resident Of Village Guvardi Jaisinghpura Tehsil
Chomu, District Jaipur (Raj).
----Respondents
For Petitioner(s) : Mr. Neeraj Sharma.
For Respondent(s) : Mr. Shyam Prakash Sharma.
For Complainant Mr. Harsh Vardhan Sharma.
HON'BLE MR. JUSTICE INDERJEET SINGH
Order
09/12/2021
1. Instant criminal Miscellaneous petition has been filed under
Section 482 Cr.P.C. for quashing of the proceedings pending before
the Senior Civil Judge & Chief Metropolitan Magistrate, Jaipur
District Jaipur in Criminal Case No.18/2021 as well as for quashing
of the FIR No.18/2021 registered at Police Station Mahila Thana
District Jaipur (Ruler) for the offence under Sections 498-A, 406,
323 & 354 of IPC.
2. It is submitted by counsel for the petitioner 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
(2 of 2) [CRLMP-8086/2021]
the learned trial court compounding the offence under Section 406
of IPC vide order dated 24.11.2021 and now the offence under
Section 498A of IPC remain qua 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 respondent no.2 (complainant) along with her counsel is
present in the court and admitted 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 Section
498A is compounded and the proceedings pending before the
Senior Civil Judge District Jaipur in Criminal Case No.18/2021 as
well as the FIR No.18/2021 registered at Police Station Mahila
Thana District Jaipur qua the petitioner are hereby quashed.
6. The stay application also stands disposed of.
(INDERJEET SINGH),J
MG/104
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