Allowed

Ghanshyam Pandit and Ors. v. State of Rajasthan and Anr.

Rajasthan HC13 Oct 2022CRLMP/3255/2017

Case brief

AI extract

What is this about?

This criminal miscellaneous petition under Section 482 Cr.P.C. sought quashing of an FIR for cheating, forgery, and criminal conspiracy. The High Court, relying on reported judgments and the settled compromise between parties, allowed the petition and quashed the FIR and consequential proceedings.

What did the court decide?

FIR No.117/2004 registered at Police Station Khetari Nagar, District Jhunjhunu for offences under Sections 420, 467, 468, 471 and 120-B of IPC and proceedings pursuant thereto are quashed and set asid

Ghanshyam Pandit and Ors. Vs State of Rajasthan and Anr. — Cheque Dishonour | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 3255/2017

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Ghanshyam Pandit S/o Surajmani Sharma, R/o Flat No. 206-D, Block A-5, Silver City Theme Derabassi Mohali

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Vinod Mahajan S/o Shri Bishambar Dass Mahajan, R/o House No. 712, Sector 12, Panchkul

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Mohinder Singh S/o Shri Jodh Singh, R/o Village Kulwara, Vpo And Tehsil Sundarnagar, Distt. Mandi, Himachal Pradesh

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----Petitioners

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Versus

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State Of Rajasthan Through Pp

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Smt. Saroj Sharma W/o Shri Ashok Sharma, R/o B-13 IiA, Khetari Nagar Distt. Jhunjhunu, Rajasthan

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----Respondents

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For Petitioner(s) : Mr. Kamlendra Sihag, Adv. For Respondent(s) : Mr. Atul Sharma, PP Mr. Amit Punia, Adv.

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HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order

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13/10/2022

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This criminal miscellaneous petition has been filed by the petitioners under Section 482 Cr.P.C. for quashing FIR No.117/2004 registered at Police Station Khetari Nagar, District Jhunjhunu for the offence under Sections 420, 467, 468, 471 and 120-B of IPC and proceedings pursuant thereto.

¶15

Learned counsel for the petitioner as well as learned counsel for the respondent submitted that compromise has been arrived between the parties in Mediation Centre as per terms of compromise and they have settled their dispute. So, criminal proceedings pending between them, be set aside.

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Learned Public Prosecutor has opposed the arguments advanced by learned counsel for the petitioner.

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(2 of 2)

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[CRLMP-3255/2017]

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Learned counsel for the complainant acknowledging the factum of compromise between the parties and submitted that he has no objection if the FIR in question and consequential criminal proceeding are quashed.

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Heard learned counsel for both the parties and perused the record.

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A perusal of the material on record shows that the dispute between the parties has amicably been settled by them. In view of compromise and the law laid down by the Hon’ble Apex Court of India in cases of Gian Singh Vs. State of Punjab (2012) 10 SCC 303, Narinder Singh Vs. State of Punjab (2014) 6 SCC 466 and Manoj Agarwal & Anr. Vs. The State of Uttar Pradesh & Anr. decided on 04.03.2022 by the Hon’ble Supreme Court, this Court deems it just and proper to quash the FIR in question and consequential criminal proceeding.

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Resultantly, this criminal miscellaneous petition is allowed. The FIR No.117/2004 registered at Police Station Khetari Nagar, District Jhunjhunu for the offence under Sections 420, 467, 468, 471 and 120-B of IPC and proceedings pursuant thereto are hereby quashed and set aside.

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The original compromise deed filed by both the parties is taken on record.

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All the pending applications also stand disposed of.

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(NARENDRA SINGH DHADDHA),J

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Jatin /21

Ghanshyam Pandit and Ors. v. State of Rajasthan and Anr.

Case brief

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What did the court decide?

Ghanshyam Pandit and Ors. v. State of Rajasthan and Anr.

Case brief

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What did the court decide?

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