Citation : 2021 Latest Caselaw 7917 Raj/2
Judgement Date : 21 December, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 8315/2021
1. Sanjana Mulla W/o Anil Mulla, Aged About 62 Years, R/o
B-7, Hill View Apartments, In Front Of Basant Continental
Hotel, Basant Vihar, New Delhi.
2. Aditya Narayan Mulla S/o Anil Mulla, Aged About 38
Years, R/o 9 West Coast Walk, 06-19 The Parc Condo,
Singapore 127160
----Petitioners
Versus
1. State Of Rajasthan, Through Public Prosecutor.
2. Pooja Mulla D/o Anup Channa W/o Aditya Narayan Mulla,
R/o Ab-439. Nirman Nagar, Police Station- Shyam Nagar,
Jaipur, Rajasthan.
----Respondents
For Petitioner(s) : Mr. V.S. Poonia
For Respondent(s) : Mr. S.S. Ola, PP
Mr. Gopal Choudhary, for complainant
HON'BLE MR. JUSTICE INDERJEET SINGH
Order
21/12/2021
1. Instant criminal Miscellaneous petition has been filed under
Section 482 Cr.P.C. for quashing of the proceedings pending before
Judicial Magistrate, Jaipur, District Jaipur in Criminal Case No.
3125/2019 as well as for quashing of the FIR No. 168/2015
registered at Police Station Mahila (South), Jaipur for the offence
under Sections 498A & 460 of IPC.
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-8315/2021]
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 02.12.2021 and now the offence under
Sections 498A of IPC remain 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) along with her counsel 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 offence under Section
498A of IPC is compounded and the proceedings pending before
the Judicial Magistrate, Jaipur, District Jaipur in Criminal Case No.
3125/2019 as well as the FIR No. 168/2015 registered at Police
Station Mahila (South), Jaipur qua the petitioners, are hereby
quashed.
6. The stay application also stands disposed of.
(INDERJEET SINGH),J
CHETNA BEHRANI /4
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