Dismissed

Smt Kesari Devi and Anr. v. State of Rajasthan and Ors.

Rajasthan HC8 May 2017CRLMP/1633/2016

Case brief

AI extract

What is this about?

The High Court dismissed the criminal miscellaneous petition seeking quashing of an FIR for cheating. The court held that the petitioners failed to fulfill their court commitment to pay the claimed amount, rendering no ground for quashing.

What did the court decide?

The miscellaneous petition for quashing of FIR No. 37/2016 is dismissed for non-compliance of the commitment made by the petitioners to pay the claimed amount.

Smt Kesari Devi and Anr. Vs State of Rajasthan and Ors. — Cheating and Forgery | Rajasthan HC (2017)

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH, JAIPUR

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S.B. Criminal Misc. Petition No. 1633/2016

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1. Smt. Kesari Devi W/o (late) Sh. Hari Narayan, by caste Bunkar, aged about 52 years, R/o 8, Girraj Vihar, Behind Shakti Sadan, Harmada, Distt. Jaipur (Raj.)

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2. Pavan Kumar S/o Sh. (late) Sh. Hari Narayan, by caste Bunkar, aged about 30 years, R/o 8, Girraj Vihar, Behind Shakti Sadan, Harmada, Distt. Jaipur (Raj.)

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….Accused-Petitioners.

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Versus

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State of Rajasthan through Public Prosecutor.

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2. Director General of Police Rajasthan, Jaipur.

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3. Commissioner of Police, Jaipur Metropolitan.

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4. Assistant Commissioner of Police, Jaipur (North).

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5. SHO PS Harmara, Jaipur (North)

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6. Investigation Officer in the FIR bearing No. 37/2016, PS Harmara, Jaipur, Distt. Jaipur.

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...Respondents.

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7. Rajendra Kumar S/o Sh. Jeevan Prasad, by caste Harijan, aged about 33 years, R/o House No. P-32, Ashok Chowk, Adarsh Nagar, P.S. Adarsh Nagar, Jaipur (Raj.).

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……...Complainant-Respondent

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DATE OF ORDER ::: 8^th May, 2017

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HON'BLE MR. JUSTICE BANWARI LAL SHARMA

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Mr. Sanjay Sharma for the Petitioners. Mr. R P Vijay for the Respondents. Mr. N S Dhakad, PP.

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Though petition is listed on IA No. 9034/2017 and 9067/2017 for vacation of stay order but learned counsel for the respondent No. 7 prayed that this misc. petition may be dismissed on non-fulfillment of commitment made by the petitioner before this

Court.

Heard.

Learned counsel for respondent No. 7 complainant Shri R P Vijay submits that on 07/11/2016, petitioners submitted that they are ready to pay Rs. 16,60,000/- with interest at the rate of 9% perannum but till date petitioners failed to pay the amount, therefore, the misc. petition may be dismissed for non-compliance of their commitment made before the Court.

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Shri Sanjay Sharma learned counsel for the petitioners submits that he pursued petitioners and informed several times but they have only assured that they are paying amount shortly but actually failed to pay the amount as such they failed to comply the commitment made before this Court.

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Though petitioners filed this misc. petition under Section 482 Cr.P.C. for quashing the impugned FIR No. 37/2016 registered at Police Station Harmara, Jaipur (North) Distt. Jaipur under Sections 420 and 406 IPC and during course of hearing on 07/11/2016 petitioners through their counsel Shri Sanjay Sharma made commitment that petitioners are ready to pay principal amount Rs. 16,60,000/- to respondent No. 2 complainant with interest of the rate of 9% per-annum but even after several adjournment petitioners failed to pay the amount and owner their commitment, therefore, on the aforesaid ground and since there is no ground for quashing FIR, therefore, the misc. petition is dismissed.

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[BANWARI LAL SHARMA], J.

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Komal/18.

Smt Kesari Devi and Anr. v. State of Rajasthan and Ors.

Case brief

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What did the court decide?

Smt Kesari Devi and Anr. v. State of Rajasthan and Ors.

Case brief

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What did the court decide?

What the court decided

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