HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
S.B. Criminal Miscellaneous (Petition) No. 6182 / 2017
Mukund Bihari Sharma
State Of Raj And Anr
For Petitioner(s) : Mr. V.S. Chauhan
For Respondent(s) : Mr. N.S. Dhakad, PP
Mr. Rajesh Parashar
HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
Present petition has been filed under Section 482
Cr.P.C. for seeking quashing of the FIR No.331/2017 dated
07.09.2017 registered at Police Station Todabheem, District
Karauli, for offence under Section 406 IPC.
Mr. N.S. Dhakad, ld. PP, has submitted that during
pendency of the proceedings the above said FIR has been
investigated and later Investigating Officer has come to a
conclusion that offences under Sections 406 and 420 IPC is made
out and furthermore, besides complainant Gajanand Pujari, three
other persons namely Aram Singh, Manish Kumar Sain and
Bhagwan Sahai were also cheated of Rs.2,000/- each.
Today, Gajanand Pujari, Aram Singh, Manish Kumar
Sain and Bhagwan Sahai, are present in court. They have been
identified by their counsel Mr. Rajesh Parashar.
(2 of 2)
Mr. V.S. Chauhan and Mr. Rajesh Parashar, have jointly
submitted that matter has been amicably resolved, amount has
been returned to the complainant and the persons who were
cheated namely complainant Aram Singh, Manish Kumar Sain and
Bhagwan Sahai, all are present in court, and they no longer intend
to pursue the FIR, and furthermore, offences are compoundable.
Ld. Public Prosecutor, has submitted that till today the
charge-sheet has not been filed.
Considering that the offences are compoundable,
complainant and the persons who were cheated are present in
court and they have prayed to this court that the FIR be quashed.
Considering that dispute between the parties, is private in nature
relying upon the judgment rendered by the Supreme Court in
Gian Singh vs State of Punjab Anr. (2012) 10 SCC 303,
present petition is accepted and the impugned FIR along with all
subsequent proceedings is quashed.
(KANWALJIT SINGH AHLUWALIA)J.