Sumitra Sharma W/O Shri Brijendra Sharma Vs State of… — Cheating and Forgery | Rajasthan HC (2026)

Sumitra Sharma W/O Shri Brijendra Sharma Vs State of… — Cheating and Forgery | Rajasthan HC (2026)

What the court decided

AI extract

Outcome

Quashing of the proceedings of Criminal Case No.03/2015 pending before the Court of Additional Chief Metropolitan Magistrate No.21, Jaipur Metropolitan, Sanganer, arising out of FIR No.70/2014 (Police Station Muhana, District Jaipur East); discharge of the petitioners from the offences punishable under Sections 420, 406, 467, 468, 471 and 120B IPC; pending applications, if any, disposed of.

Issue for consideration

Whether the proceedings of Criminal Case No.03/2015, arising out of FIR No.70/2014 (Police Station Muhana, District Jaipur East) and pending before the Additional Chief Metropolitan Magistrate No.21, Jaipur Metropolitan, Sanganer, can be quashed under the inherent powers of the Court on the basis of the compromise arrived at between the parties.

Court's answer

Considering that the complainant himself submitted a compromise deed before the Trial Court after receiving the disputed amount of Rs.5,00,000/- with the specific averment that he does not want to prosecute the petitioners, and that the dispute is personal in nature, the Court, applying the principles laid down in Gian Singh v. State of Punjab, (2012) 10 SCC 303 and State of Madhya Pradesh v. Laxmi Narayan, (2019) 5 SCC 688, deemed it just and appropriate to invoke its inherent powers under Section 482 Cr.P.C.

Ratio / Principle

The instant criminal misc. petition is allowed; the proceedings in Criminal Case No.03/2015 pending before the Court of Additional Chief Metropolitan Magistrate No.21, Jaipur Metropolitan, Sanganer, arising out of FIR No.70/2014 registered with Police Station Muhana, District Jaipur (East), stand quashed, and the petitioners are discharged of the offences punishable under Sections 420, 406, 467, 468, 471 and 120B IPC.

Detailed headnote1 paragraphs

Rajasthan High Court (Jaipur Bench), S.B. Criminal Miscellaneous (Petition) No. 2199/2023, decided 07/05/2026 by Anoop Kumar Dhand, J. — Petition allowed. The proceedings of Criminal Case No.03/2015 pending before the Additional Chief Metropolitan Magistrate No.21, Jaipur Metropolitan, Sanganer, arising out of FIR No.70/2014 registered with Police Station Muhana, District Jaipur (East), were quashed under Section 482 Cr.P.C. on the basis of the compromise deed submitted by the complainant before the Trial Court after receiving the disputed amount of Rs.5,00,000/-, the dispute being personal in nature. The Court applied the principles laid down in Gian Singh v. State of Punjab, (2012) 10 SCC 303 and State of Madhya Pradesh v. Laxmi Narayan, (2019) 5 SCC 688. The petitioners were discharged of the offences punishable under Sections 420, 406, 467, 468, 471 and 120B IPC. Background: the FIR had resulted in a Final Report (Negative), and cognizance was subsequently taken on a protest petition vide order dated 19.12.2015.

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Miscellaneous (Petition) No. 2199/2023

Sumitra Sharma W/o Shri Brijendra Sharma, Aged About 35 Years, R/o Plot No. 1 Shiv Vihar, Village Golyawas, Tehsil Sanganer, Jaipur.

Beena Sharma W/o Late Shri Surendra Sharma, Aged About 60 Years, R/o Plot No. 40, Vandana Vihar, Airport Road, Khokhawas Sanganer, Jaipur.

Brijendra Sharma S/o Shri Ramawatar Sharma, Aged About 38 Years, R/o Plot No. 1 Shiv Vihar, Village Golyawas, Tehsil Sanganer, Jaipur.

----Petitioners

Versus

State Of Rajasthan, Through Public Prosecutor.

Rajesh Chaudhary S/o Shri Jagdish Prasad Chaudhary, Aged About 30 Years, R/o Plot No. 14 Kana Vyapari Ki Dhani, Ram Singh Pura, Sanganer Jaipur, Present R/o Shri Balaji Car Finance Arvali Marg, Chauraha Near Malara Stand, Mansarovar Jaipur.

----Respondents

For Petitioner(s) : Mr. Krishan Chander Sharma For Respondent(s) : Mr. Narendra Singh Dhakar, PP

JUSTICE ANOOP KUMAR DHAND

Order

07/05/2026

By way of filing the instant criminal misc. petition, a prayer has been made to quash the proceedings of Criminal Case No.03/2015 pending before the Court of Additional Chief Metropolitan Magistrate No.21, Jaipur Metropolitan, Sanganer on the basis of a compromise arrived at between the parties.

Counsel for the petitioners submits that a report was lodged by the complainant against the petitioners with regard to

[CRLMP-2199/2023]

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execution of an agreement and receipt of a sum of Rs.5,00,000/-. Counsel submits that the aforesaid FIR resulted in Final Report (Negative). Thereafter, on protest petition, cognizance was taken against the petitioners vide order dated 19.12.2015, thereafter, the complainant appeared in person before the Trial Court and submitted a compromise in favour of the petitioners indicating there that the complainant has received the disputed amount i.e. Rs.5,00,000/- and he does not want to prosecute the petitioner. Counsel submits that the dispute is personal in nature. Hence, in the light of the compromise arrived at between the parties, the proceedings pending against the petitioner be quashed.

Per contra, learned Public Prosecutor opposes the prayer.

Considering the arguments put forward by learned counsel for the petitioners and looking to the fact that the complainant himself has submitted a compromise deed in favour of the petitioners before the Trial Court after receiving the disputed amount of Rs.5,00,000/- with the specific averment that he does not want to prosecute the petitioners and looking to the fact that the dispute is personal in nature, hence applying the principles of law as laid down by the Hon’ble Apex Court in the case of Gian Singh Vs. State of Punjab & Anr. reported in (2012) 10 SCC 303 & State of Madhya Pradesh Vs. Laxmi Narayan & Ors., reported in (2019) 5 SCC 688, this Court deems it just and appropriate to invoke inherent powers of this Court under Section 482 Cr.P.C.

Accordingly, the instant criminal misc. petition is allowed. The proceedings in Criminal Case No.03/2015 pending before the Court of Additional Chief Metropolitan Magistrate No.21, Jaipur

[CRLMP-2199/2023]

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Metropolitan, Sanganer, arising out of the FIR No.70/2014 registered with Police Station Muhana, District Jaipur (East), stand quashed. The petitioners are discharged of the offences punishable under Sections 420, 406, 467, 468, 471 and 120B IPC. 6. Pending applications, if any, stand disposed of.

(ANOOP KUMAR DHAND),J

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