Citation : 2021 Latest Caselaw 7703 Raj/2
Judgement Date : 16 December, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 8122/2021
Sameena Bano W/o Sultan Khan, Aged About 29 Years, R/o
Kante Ke Saamne Wali Gali, Dhannatalai, Tonk- District Tonk And
Presently Residing At- Udaipur Gilariya, Jagatpura, Jaipur.
----Petitioner
Versus
1. State Of Rajasthan, Through Public Prosecutor.
2. Sultan Khan S/o Shri Salim Khan, Aged About 32 Years,
R/o Udaipur Gilariya, Jagatpura, Jaipur.
----Respondents
For Petitioner(s) : Ms. Madhumita Das
For Respondent(s) : Mr. F.R. Meena, PP
Mr. Shobha Sharma, for complainant
HON'BLE MR. JUSTICE INDERJEET SINGH
Order
16/12/2021
1. Instant criminal Miscellaneous petition has been filed under
Section 482 Cr.P.C. for quashing of the proceedings pending before
the Chief Judicial Magistrate, Tonk in Criminal Case No. 201/2014
as well as for quashing of the FIR No. 199/2012 registered at
Police Station Kotwali Tonk, Tonk for the offence under Sections
498A, 406, 323 & 341 of IPC.
2. It is submitted by counsel for the petitioner-complainant that
the parties have settled their dispute by way of compromise and in
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 and prayed that the proceedings
(2 of 2) [CRLMP-8122/2021]
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 is present in the court along with his
counsel and admitted the fact of compromise between the parties.
A copy of the Aadhar card of the respondent No.2 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 Chief Judicial Magistrate Tonk in Criminal Case No.
201/2014 as well as the FIR No. 199/2012 registered at Police
Station, Kotwali Tonk, qua the petitioners are hereby quashed.
6. The stay application also stands disposed of.
(INDERJEET SINGH),J
Chetna/134
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