The Single Judge quashed an FIR regarding cheating and criminal conspiracy after the company director deposited the full compromise amount with the complainant and obtained an acceptance of discharge, subject to unrelated investigations.
The FIR No.470/2016 stands quashed and the Criminal Misc. Petition is allowed.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 130/2020
----Petitioners
Versus
----Respondents
For Petitioner(s) : Mr. V.R. Bajwa For Respondent(s) : Mr. Ramesh Choudhary, PP Mr. Akhlesh Pareek
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA
Order
16/01/2020
In FIR No.470/2016 registered at Police Station, Ashok Nagar, Jaipur (South) under Section 420, 406 and 120-B IPC on 20.12.2016, petitioner – Company’s Director has entered into a compromise with the concerned complainant and learned counsel appearing for the petitioners states that they have handed-over
(2 of 2)
[CRLMP-130/2020]
the entire amount of Rs.20 lacs by a demand draft to complainant – Ajay Payal. The complainant is also present in the Court and he has accepted the said amount as a full and final compromise amount.
The SHO, Police Station, Ashok Nagar, Jaipur (South) has submitted a factual report and states that amount of Rs.20 lacs was paid in advance for a flat having the cost of Rs.45,00,320/and Rs.5 lacs have already been paid earlier and Rs.15 lacs has now been paid in the Court by way of a demand draft.
In view thereof, the proceedings initiated on the basis of FIR No.470/2016 for offence under Sections 420, 406 and 120-B IPC are closed. However, if there is any other investigation relating to any other case, the present compromise will not come with regard to the said investigation. Accordingly, present FIR No.470/2016 stands quashed and the Criminal Misc. Petition is allowed.
(SANJEEV PRAKASH SHARMA),J
SUNIL SOLANKI /19/201
1 issue framed by the court
Whether the proceedings under FIR No.470/2016 for cheating and criminal conspiracy should be quashed due to full payment and compromise.
3 provisions across 1 enactments
Guman Group / Guman Khandelwal / Shankar Khandelwal / Teekam Khandelwal
State Of Rajasthan
Ajay Payal
Sanjeev Prakash Sharma
As recorded by the court registry
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