Suresh Sharma S/O Shri Ramniwas Sharma Vs State of Rajasthan

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 1488/2020

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Suresh Sharma S/o Shri Ramniwas Sharma, aged about 45 Years, Resident of 932, Behind Street of Shiv Mandir, Ward No. 7, Tehsil Kishangarh, District Ajmer, Rajasthan

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Gyan Singh S/o Shri Suraj Singh @ Surta Singh, aged about 45 Years, Resident of Baadiya Haryali, Somalpur, District Ajmer, Rajastahn.

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Jait Singh S/o Shri Man Singh, aged about 43 Years, Resident of Nathdaau, Tehsil Shergarh, District Jodhpur, Rajasthan.

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----Petitioners

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Versus

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State Of Rajasthan, Through Pp

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Ratan Kumar Jain S/o Shri Swaroop Chand Jain, Aged About 63 Years, Resident of B-307, City Pulse, Narayan Singh Circle, Jaipur, Rajasthan

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----Respondents

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For Petitioner(s)	:	Ms. Sneha Gulati, Ms. Nikita Sharma and Ms. Shruti Chandgothia for Mr. GirrajP. Sharma
For Respondent(s)	:	Mr. Jitendra Singh Rathore-PP Mr. P.K. Kasliwal with Mr. C.M. Sharma

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JUSTICE ANOOP KUMAR DHAND

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Order

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02/04/2026

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By way of filing the present petition, a prayer has been made to quash the impugned FIR No. 137/2019 registered with Police Station Moti Doongari, Jaipur City (East) for the offences punishable under Sections 420, 406, 120-B, 389, 467, 468 and 471 IPC.

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[CRLMP-1488/2020]

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(2 of 3)

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Counsel for the petitioners submit that during the pendency of the present petition, the parties have settled their dispute by entering into a compromise, hence this Court vide order dated 15.03.2021, quashed the impugned FIR in terms of the compromise arrived at between the parties.

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Counsel for the respondent submits that while passing the aforesaid order dated 15.03.2021, the Co-ordinate Bench of this Court has passed a conditional order that in case, the petitioners fail to honour the terms and condition of the compromise deed, the respondent-complainant would be at liberty to get the instant petition revived. Counsel submits that the petitioners have failed to comply with the aforesaid direction and condition of the compromise, hence, under these circumstances S.B. Criminal Misc. Application No. 197/2021 was submitted before this Court and the same was allowed vide order dated 02.11.2022 and the order dated 15.03.2021 was recalled and the instant petition was restored to its original number.

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Counsel for the petitioners submits that the petitioners are not aware about passing of the subsequent order dated 02.11.2022. Counsel further submits that the instant case is case with false allegations and the petitioners have not committed any offence whatsoever and they have been falsely booked in the present case on the basis of false, baseless and vague allegations. 5. Heard and considered the submissions made at Bar and perused the material available on record. 6. The contents of the impugned FIR and the allegations levelled therein reveal commission of a cognizable offence and the correctness of the allegation cannot be examined/adjudged by

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[CRLMP-1488/2020]

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(3 of 3)

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this Court in exercise of its power contained under Section 482 Cr.P.C. Certainly, this task has been assigned to the Investigating Officer.

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Considering the overall facts and circumstances of the present case, this Court deems it just and proper to dispose of the instant petition, granting liberty to the petitioners to file a representation along with documents in support of their contentions before the Investigating Officer, who shall consider the same and submit the conclusion report before the concerned Court under Section 173 Cr.P.C, as per law. In case, charge-sheet has been submitted against the petitioners, then the petitioners would be at liberty to take all available defence and grounds which have been taken before this Court, at the appropriate stage of the trial. 8. Accordingly, the present petition stands disposed of. Stay application and all pending application(s), if any, also stand disposed of.

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(ANOOP KUMAR DHAND),J

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Ashu/34

Suresh Sharma S/O Shri Ramniwas Sharma v. State of Rajasthan

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Suresh Sharma S/O Shri Ramniwas Sharma v. State of Rajasthan

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