Mohit @ Madhusudan Gupta Son Of ... vs State Of Rajasthan
2021 Latest Caselaw 7706 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

      S.B. Criminal Miscellaneous (Petition) No. 7937/2021

1.     Mohit @ Madhusudan Gupta Son Of Ramesh Chand
       Gupta, Resident Of 5 Tejaji Marg, New Sanganer Road,
       Sodala, Jaipur (Rajasthan).
2.     Ramesh Chand Son Of Rawat Ram, Resident Of 5 Tejaji
       Marg, New Sanganer Road, Sodala, Jaipur (Rajasthan).
                                                                  ----Petitioners
                                   Versus
1.     State Of Rajasthan, Through Public Prosecutor.
2.     Mrs Pooja Gupta Wife Of Mohit Gupta, Resident Of Bb2,
       Jai Ambey Nagar, Tonk Road, Jaipur, Bajaj Nagar, Jaipur
       (Raj).
                                                                ----Respondents

For Petitioner(s) : Mr. Manak Chand Jain, Adv. For Respondent(s) : Mr. Shyam Prakash Sharma, PP For Complainant(s) : Mr. Jeetendra Kumar Goyal, Adv.

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 Additional Civil Judge and Metropolitan Magistrate No.5, Jaipur

Metro-II in Criminal Case No.197/2019 as well as for quashing of

the FIR No.60/2018 registered at Police Station Mahila Police

Thana, Jaipur City (East) for the offences under Sections 498-A,

406 and 354 of I.P.C.

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

(2 of 2) [CRLMP-7937/2021]

application before the trial court for compounding the offences

under Sections 498-A, 406 & 354 of IPC, which was partly allowed

by the learned trial court compounding the offence under Section

406 IPC vide order dated 17.11.2021 and now the offence under

Section 498-A & 354 IPC remains qua 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)-Mrs. Pooja Gupta 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.

1. 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

offences under Sections 498-A & 354 of IPC qua the

petitioners are compounded and the proceedings pending

before the Additional Civil Judge and Metropolitan Magistrate

No.5, Jaipur Metropolitan, Jaipur in Criminal Case

No.197/2019 as well as the FIR No.60/2018 registered at

Police Station Mahila Police Thana, Jaipur City (East) qua the

petitioners, are hereby quashed.

6. The stay application stands disposed of.

(INDERJEET SINGH),J

JYOTI /116

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