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Shankar Lal & Anr vs State & Anr on 27 July, 2017

S.B. Criminal Misc(Pet.) No. 1898 / 2016

1. Shankar Lal Kabra s/o Late Shri Moolchand Kabra, aged about
59 years, b/c Kabra, r/o B-28/29, Basant Vihar, Gandhi Nagar,
Bhilwara, Director M/s. Puja Spintex Pvt. Limited.

2. Navneet Somani s/o Shri Jagdish Prasad Somani, aged about
45 years, b/c Somani, r/o Shrinath Niketan College Road,
Bhilwara, Director, M/s. Puja Spintex Pvt. Limited.


1. The State of Rajasthan through PP.

2. M/s.Rajat Suiting Pvt. Ltd., Mayur Complex, Bhilwara through
Mahaveer Khandelwal s/o Shri Ladulal Mahajan.

For Petitioner(s) : Mr.Ravi Bhansali, Senior Advocate assisted by
Mr.Dhanesh Saraswat and Mr.Vipul Dharnia
For Respondent(s) : Mr.V.S.Rajpurohit PP for the State.

Mr.R.S.Mankad for Mr.Pankaj Sharma

1. This criminal misc. petition under Section 482 Cr.P.C.

has been preferred against the order dated 12.05.2016 passed by

learned Additional Sessions Judge No.3, Bhilwara, whereby the

revision petition filed by the petitioner has been rejected and the

order dated 25.03.2015 passed by learned Chief Judicial

Magistrate, Bhilwara in criminal case No.133/2015 arising out of

FIR No.428/2014, whereby cognizance for the offence under

Section 406 IPC and in alternate 420 IPC was taken against the

petitioners, has been affirmed.

(2 of 2)

2. It is stated at the Bar that a compromise has been

arrived at between the parties. It is borne out from the

compromise that complainant is not inclined to proceed further in

the matter.

3. It is also submitted that the complainant has submitted
an application for compromise before the learned court below. It is
apparent from the order dated 22.02.2017 passed by the learned
court below on the application for compromise that an interim
order passed by this Court is operating in this misc. petition. It is
also noted by the learned court below that the accused persons
have not put in appearance before the court on that date.
However, the application for compromise has been taken on record
by the learned court below.

4. Learned counsel for the parties have placed reliance on
a decision of Supreme Court in case of Gian Singh V/s. State of
Punjab Anr. [(2012) 10 SCC 303].

5. In view of compromise arrived at between the parties
as well as the aforesaid order dated 22.02.2017 of the learned
court below and applying the ratio in decision of Gian Singh Vs.
State of Punjab Anr. (supra), I deem it just and proper to
invoke inherent powers of this Court under Section 482 Cr.P.C.

6. Accordingly, the present misc.petition is allowed and
the order of cognizance dated 25.03.2015 and the revisionary
order dated 12.05.2016 are quashed and set aside. All the
proceedings pending before the Chief Judicial Magistrate, Bhilwara
in pursuance of FIR No.428/2014 registered at Police Station,
Pratap Nagar, Bhilwara are also quashed and set aside.



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