In an application under Section 482 CrPC, the Court quashed an FIR involving alleged cheating and criminal conspiracy after the complainant agreed to the compromise and returned the disputed amount, finding it in the interest of justice.
The impugned FIR No. 608/2016 along with all subsequent proceedings is quashed.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 1876/2018
----Petitioners
Versus
----Respondents
For Petitioner(s) : Mr. Bheem Singh Bairwa For Respondent(s) : Mr. Prakash Thakuriya PP Mr. Mohar Pal Meena for complainant/respondent
HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
-/Order/-
18/07/2018
The present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No. 608/2016 registered at Police Station Jawahar Circle, Jaipur East, Jaipur for the offences under Sections 420, 406 and 120-B IPC.
Mr. Pankaj Ajad, the complainant is present in the court. He has been identified by his counsel Mr. Mohar Pal Meena. The complainant has stated that for purchase of plot, he had handed over money to the petitioners. Later he learnt that they
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[CRLMP-1876/2018]
have already sold the plot to another person. The complainant has submitted that now the accused had returned the amount to his satisfaction and thus, he no longer intends to pursue the present FIR.
The learned counsel for the parties have jointly relied upon Gian Singh vs. State of Punjab & Another, (2012) 10 SCC 303 , to contend that that this Court under Section 482 Cr.P.C. can quash the proceedings to advance the interest of justice. Complainant who is present in the court has submitted that he no longer intend to pursue the FIR.
After hearing the learned counsel for the parties, this Court is of the view that the compromise is finest hour between the parties and this Court ought to grant due sanctity to the amicable resolution of dispute between the parties.
Consequently, taking totality of circumstances, and ratio of law laid in the case of Gian Singh (supra), the present petition is accepted and the impugned FIR along with all subsequent proceedings is quashed.
(KANWALJIT SINGH AHLUWALIA),J
Mak/-
1 issue framed by the court
Whether the FIR and subsequent proceedings should be quashed under Section 482 CrPC given the compromise between parties.
Colour shows how this judgement treated each authority
Gian Singh vs. State of PunjabFollowed¶19
_Gian Singh vs. State of Punjab & Another, (2012) 10 SCC 303_ · Who else cites this
1 provisions across 1 enactments
Vijay Laxmi Bairwa
Dr. Heera Lal Bairwa
State Of Rajasthan
Pankaj Ajad
Kanwalsingh Ahluwalia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
