Rakesh Soni vs State
2021 Latest Caselaw 16586 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 5692/2021

1. Rakesh Soni S/o Satya Prem Soni, Aged About 40 Years, B/c Soni,

2. Satya Prem S/o Mangi Lal, Aged About 67 Years, B/c Soni,

3. Lalita Soni W/o Satya Prem Soni, Aged About 60 Years, B/c Soni, all R/o 23/161, Near Ashok Udhyan, Chopasani Housing Board, Jodhpur (Rajasthan)

----Petitioners Versus

1. State, Through Pp

2. Monika Soni D/o Hansraj Soni, R/o 4E, 279, Jai Narayan Vyas Colony, Bikaner.

----Respondents

For Petitioner(s) : Mr. Rajesh Soni For Respondent(s) : Mr. Mool Singh Bhati, PP Mr. Shiv Prakash for complainant

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

08/11/2021

Heard learned counsel for the parties.

Learned counsel for the petitioners submits that the parties

have entered into a compromise and the application for the same

is filed before the trial court. By an inadvertent mistake in the

application preferred before the trial court, Section 498-A was not

mentioned in the application, therefore, no order has been passed

with respect to Section 498-A. However, vide order dated

13.09.2021, the offences alleged under Sections 323 and 406 of

the IPC has been compounded.

(2 of 2) [CRLMP-5692/2021]

The fact of compromise is not disputed by the counsel for the

complainant. Learned counsel for the petitioners relies upon the

judgment of Hon'ble the Supreme Court in the case of Gian

Singh vs. State of Punjab, (2012) 10 SCC 303, State of M.P.

V/s Laxmi Narayan & Ors. [AIR 2019 SC 1296] & Ram

Gopal and Ors. Vs. State of Madhya Pradesh (Criminal

Appeal No. 1489 and 1488 of 2012 decided on 29.09.2021),

and prays that the proceedings pending before learned Judicial

Magistrate, Bikaner in Criminal Case No. 203/2017 may be

quashed and set aside.

I have considered the submissions made at the Bar.

Since, the parties have entered into a compromise, in light of

the judgment of Hon'ble the Supreme Court in the case of Gian

Singh, State of M.P. & Ram Gopal and Ors. (supra), the

present petition is allowed. The proceedings pending before

learned Judicial Magistrate, Bikaner in Criminal Case No. 203/2017

are quashed and set aside.

(VINIT KUMAR MATHUR),J

36-payal/-

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