Madhya Pradesh High Court
Vikas Goswami vs The State Of Madhya Pradesh on 9 May, 2024
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S. Kalgaonkar
1
IN THE HIGH COURT OF MADHYA PRADESH
AT G WA L I O R
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S. KALGAONKAR
MISCELLANEOUS CRIMINAL CASE NO. 14285 OF 2024
BETWEEN:-
VIKAS GOSWAMI, SON OF SHRI MANOJ GOSWAMI,
AGE- 23 YEARS, OCCUPATION- AGRICULTURE,
RESIDENT OF VILLAGE PAROLI, POLICE STATION
BANMORE, DISTRICT MORENA (MADHYA PRADESH)
.....PETITIONER
(SHRI ARVIND KUMAR DWIVEDI- ADVOCATE FOR PETITIONER)
AND
1. STATE OF MADHYA PRADESH THROUGH POLICE
STATION MAHARAJPURA, DISTRICT GWALIOR
(MADHYA PRADESH)
2. RAMSWAROOP SINGH TOMAR, SON OF SHRI GAR
SINGH TOMAR, AGE- 41 YEARS, OCCUPATION-
AGRICULTURE, RESIDENT OF VILLAGE ORETHI,
POLICE STATION NAGRA, DISTRICT MORENA
(MADHYA PRADESH)
.....RESPONDENTS
(SHRI RAJEEV UPADHYAY- PUBLIC PROSECUTOR FOR RESPONDENT
NO.1- STATE
SHRI PRABHAT RAJPUT- ADVOCATE FOR RESPONDENT NO.2-
COMPLAINANT)
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Reserved on : 30-04-2024
Pronounced on : 09-05-2024
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This petition having been heard and reserved for order, coming
on for pronouncement this day, Justice Sanjeev S. Kalgaonkar
2
pronounced the following:
ORDER
This petition under Section 482 of Cr.P.C. has been filed by
petitioner- Vikas Goswami, seeking quashment of FIR pertaining to
Crime No.613 of 2023 registered by PS Maharajpura, District Gwalior
for offence punishable under Sections 420, 467, 468, 471 of IPC with
all consequential proceedings in connection with Sessions Trial No.629
of 2023 pending before the Court of First Additional Sessions Judge,
Gwalior.
(2) As per the case of prosecution, Ramswaroop Singh Tomar
(respondent No.2) submitted a written complaint with SHO Police
Station Maharajpura, District Gwalior inter alia alleging forgery, fraud
and cheating by Vikas Goswami (petitioner), Akash Gurjar, Sabharam
Gurjar and others. It is alleged that Vikas Goswami, Akash Gurjar and
Sabharam Gurjar approached him and his partner Ashok Tiwari
proposing sale of agricultural land in survey no.119 of Village
Bhadrauli, District Gwalior. Vikas Goswami, Akash Gurjar and
Sabharam Gurjar introduced them to Vijayram Dhobi and Pramod
Dhobi as owner of agricultural land. On assurance of Vikas, Akash and
Sabharam, they entered into agreement of sale with said Vijayram and
Pramod. He and Ashok Tiwari paid Rs.15 lac in cash to Vikas
Goswami, Akash Gurjar and Sabharam Gurjar and gave cheque for
amount of Rs.33.50 lac in favour of Vijayram. Vijayram and Pramod
executed registered sale deed on 21-06-2023. He and Ashok Tiwari
paid expenses of registry to the tune of Rs.10,90,000/-. Pramod and
Akash Gurjar returned cheque no.000078 and took Rs.9,50,000/- in
cash. When he and his partner Ashok Tiwari started construction of
boundary on the land, the original owner Vijayram informed that the
land belongs to him. Then, they came to know that Vikas Goswami,
Akash Gurjar and Sabharam in association of impersonator - Vijayram
and Pramod have cheated them and executed forged registered sale
deed. On such allegations, PS Maharajpura, District Gwalior registered
FIR at Crime No.613 of 2023 for offence punishable under Sections
420, 467, 468, 471 of IPC. Relevant seizure has been made. Akash
Gurjar was taken into custody. Akash Gurjar, in his statement recorded
under Section 27 of Evidence Act, informed that Leeladhar Shakya
fraudulently impersonated as Vijayram Dhobi and Pramod Kushwah,
fraudulently impersonated as son of Vijayram Dhobi. He, his father
Sabharam, Vikas Gurjar, Leeladhar Shakya and Pramod Kushwah in
conspiracy committed cheating and forgery with complainant.
Accordingly, Pramod Kushwah, Leeladhar Shakya and Sabharam
Gurjar were arrested. Relevant seizures have been made. On
completion of investigation, Final Report was submitted.
(3) During pendency of this petition, applications (IA No.7028 of
2024 and IA No. 7029 of 2024) under Sections 320(1) and 320(2) of
CrPC were filed for granting permission to compound offence along-
with affidavits of petitioner and respondent No.2/complainant stating
therein that they have resolved the dispute amicably and they do not
wish to pursue the matter anymore.
(4) Learned Counsel for the petitioner submits that both the parties
have amicably settled the dispute, therefore, FIR at Crime No.613 of
2023 along-with all subsequent proceedings deserves to be quashed.
Learned Counsel places reliance on judgments of Supreme Court in
case of Madan Mohan Abbot vs. State of Punjab, AIR 2008 SC 1968,
Jagdish Chanana and Others vs. State of Haryana and Others, AIR
2008 SC 1968 and Narinder Singh and Others, (2014) AIR (SCW)
2065.
(5) Learned Counsel appearing for respondent No.2/complainant
does not dispute the factum of compromise between the parties.
(6) This Court vide order dated 13-04-2024 had directed the parties
to appear before the Principal Registrar of this Court for recording of
their statements and for verification of factum of compromise. The
Principal Registrar has submitted his report on 18-04-2024 and verified
the factum of compromise.
(7) Heard learned Counsel for the parties on IA No.7028/2024 & IA
No.7029 of 2024; and main petition under Section 482 of CrPC and
perused the record.
(8) As per the case of prosecution, Ramswaroop Singh Tomar and
his partner Ashok Tiwari have been defrauded and cheated by
executing a forged sale deed in their favour by Leeladhar Shakya
impersonating as Vijayram Dhobi. Vikas Goswami, Akash Gurjar,
Sabharam Gurjar and Pramod Kushwah have fraudulently and
dishonestly induced Ramswaroop Singh Tomar and Ashok Tiwari to
pay Rs.15 lac in cash at the time of execution of sale deed and later,
Rs.9,50,000/- in cash in lieu of return of cheque. Further, they had to
pay expenses of registry to the tune of Rs.10,90,000/-. The material
available on case diary prima facie makes out involvement of the
petitioner- Vikas Goswami in the alleged offence of forgery, cheating
and criminal misappropriation in association with other co-accused.
The compromise application is executed by Ramswaroop Singh Tomar
in favour of Vikas Goswami only. No compromise is proposed by
Ashok Tiwari, partner of Ramswaroop Singh Tomar.
(9) The Hon'ble Supreme Court in cases of Madan Mohan Abbot
(supra), Jagdish Chanana (supra) and Narinder Singh (supra) held
that where the prosecution relates to dispute of purely personal in
nature and no public policy is involved in the nature of allegations
made against the accused, no useful purpose would be served in
continuing the proceedings, in view of compromise between the
parties, the FIR may be quashed.
(10) The learned Trial Court has framed the charges and trial is
underway. No inference can be drawn at this stage that the prosecution
would fail for the reason of compromise between one of complainants,
namely, Ramswaroop Singh Tomar (respondent No.2) and one of
accused, namely, Vikas Goswami (petitioner). The allegations are not
purely personal in nature. Rather, it is a case of cheating by
impersonation and execution of forged sale deed in favour of
complainant. Therefore, it has ramification on public order. It is a case
of manipulation of process for registration of sale deed by executing
forged documents relating to identification also. It cannot be concluded
that continuation of prosecution would be futile exercise. The benefit
of precedents cited by the petitioner, in the fact-scenario, does not
enure to him. It is not a fit case for exercise of inherent jurisdiction
under Section 482 of CrPC for quashment of FIR as well as further
criminal proceedings in view of compromise between the petitioner
and respondent No.2. Accordingly, IA No. 7028 of 2024 and IA No.
7029 of 2024 are dismissed.
(11) Consequently, petition under Section 482 of CrPC is dismissed.
(SANJEEV S. KALGAONKAR)
JUDGE
09/05/2024
MKB
MAHENDR
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Date: 2024.05.11 02:38:10 +05'30'
