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Mukund Bihari Sharma vs State Of Raj And Anr on 18 December, 2017

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 6182 / 2017
Mukund Bihari Sharma
—-Petitioner
Versus
State Of Raj And Anr
—-Respondents

__
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
Order
18/12/2017

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)
[CRLMP-6182/2017]

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.

Heena/50

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