Rajasthan High Court - Jodhpur
Amandeep vs State Of Rajasthan on 1 December, 2021
Bench: Vinit Kumar Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 4058/2021
Amandeep S/o Shri Om Prakash, Aged About 35 Years, R/o
Former Director M/s Choudhary Build Mart Pvt. Ltd., Ward No.
19, Near Gupta Medical Store, Sadul Sahar, Police Station
Jawahar Nagar, Ganga Nagar (Raj.)
----Petitioner
Versus
1. State Of Rajasthan, Through S.H.O.
2. Ajit S/o Shri Ramchandra Ji, B/c Jat, R/o Badli, Jhajhar,
Haryana.
----Respondents
Connected With
S.B. Criminal Misc(Pet.) No. 4039/2021
Amandeep S/o Sh. Om Prakash, Aged About 35 Years, R/o
Former Director M/s Choudhary Build Mart Pvt. Ltd., Ward No.
19, Near Gupta Medical Store, Sadul Sahar, Police Station
Jawahar Nagar, Ganga Nagar (Raj.).
----Petitioner
Versus
1. State Of Rajasthan, Through S.H.O.
2. Ajit S/o Sh. Ramchandra Ji, B/c Jat, R/o Badli, Jhajhar,
Haryana.
----Respondents
For Petitioner(s) : Mr. Dhirendra Singh
Ms. Priyanka Borana
For Respondent(s) : Mr. S.K. Bhati, PP
Mr. M.S. Bhati, PP
Dr. RDSS Kharlia
Mr. Deepak Vyas for
Mr. Jagdish Vyas
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Judgment
01/12/2021
(2 of 5) [CRLMP-4058/2021]
[S.B. Criminal Misc(Pet.) No. 4058/2021]
The present misc. petition has been filed for quashing the
FIR No.0144/2020 dated 13.03.2020, qua the petitioner
registered at Police Station Jawahar Nagar, District Ganganagar for
the offences under Sections 406, 418, 419, 420 and 120-B of IPC.
Heard learned counsel for the parties.
Learned counsel for the petitioner submits that the parties
have compromised the matter outside the Court. The compromise
deed is placed on record.
Learned counsel for the petitioner submits that some of the
loan amount of the Punjab National Bank has been repaid. He also
undertakes that rest of the amount due towards the loan shall be
paid by them at the earliest possible.
The fact of compromise is not disputed by learned counsel
appearing for the respondent No.2.
Learned counsel for the petitioner has relied upon the
judgment of the Hon'ble Supreme Court in the case of Gian
Singh vs. State of Punjab, (2012) 10 SCC 303, State of M.P.
V/s Laxmi Narayan & Ors. [AIR 2019 SC 1296] & Ram
Gopal and Ors. Vs. State of Madhya Pradesh (Criminal
Appeal No. 1489 and 1488 of 2012 decided on 29.09.2021)
and prays that since the matter has been compromised, the FIR
may kindly be quashed.
In view of the aforementioned compromise arrived at
between the parties and considering the fact that the compromise
is not disputed by learned counsel for the respondent as also
applying the law laid down in Gian Singh vs. State of Punjab
(Supra), State of M.P. V/s Laxmi Narayan & Ors. (Supra) &
Ram Gopal and Ors. Vs. State of Madhya Pradesh (Supra)
(3 of 5) [CRLMP-4058/2021]
this Court deems it just and proper to invoke inherent powers
under Section 482 Cr.P.C.
Accordingly, the present misc. petition is allowed and the
impugned FIR No.0144/2020 dated 13.03.2020, qua the petitioner
registered at Police Station Jawahar Nagar, District Ganganagar for
the offences under Sections 406, 418, 419, 420 and 120-B of IPC
is quashed and set aside.
It is noted that the petitioner has taken loan from the Punjab
National Bank, Branch Beerbal Chowk, Ganganagar and the
amount of loan is still outstanding against the petitioner. It is
made clear that the order passed in this case shall not effect the
proceedings undertaken by the bank for the recovery of loan
amount due from the petitioner or the complainant.
[S.B. Criminal Misc(Pet.) No. 4039/2021]
The present misc. petition has been filed for quashing the
FIR No.0084/2020 dated 05.03.2020, qua the petitioner
registered at Police Station Sadar Ganganagar, District
Ganganagar for the offences under Sections 420, 467, 468, 471
and 120-B of IPC.
Heard learned counsel for the parties.
Learned counsel for the petitioner submits that the parties
have compromised the matter outside the Court. The compromise
deed is placed on record.
Learned counsel for the petitioner submits that some of the
loan amount of the Punjab National Bank has been repaid. He also
(4 of 5) [CRLMP-4058/2021]
undertakes that rest of the amount due towards the loan shall be
paid by them at the earliest possible.
The fact of compromise is not disputed by learned counsel
appearing for the respondent No.2.
Learned counsel for the petitioner has relied upon the
judgment of the Hon'ble Supreme Court in the case of Gian
Singh vs. State of Punjab, (2012) 10 SCC 303, State of M.P.
V/s Laxmi Narayan & Ors. [AIR 2019 SC 1296] & Ram
Gopal and Ors. Vs. State of Madhya Pradesh (Criminal
Appeal No. 1489 and 1488 of 2012 decided on 29.09.2021)
and prays that since the matter has been compromised, the FIR
may kindly be quashed.
In view of the aforementioned compromise arrived at
between the parties and considering the fact that the compromise
is not disputed by learned counsel for the respondent as also
applying the law laid down in Gian Singh vs. State of Punjab
(Supra), State of M.P. V/s Laxmi Narayan & Ors. (Supra) &
Ram Gopal and Ors. Vs. State of Madhya Pradesh (Supra)
this Court deems it just and proper to invoke inherent powers
under Section 482 Cr.P.C.
Accordingly, the present misc. petition is allowed and the
impugned FIR No.0084/2020 dated 05.03.2020, qua the petitioner
registered at Police Station Sadar Ganganagar, District
Ganganagar for the offences under Sections 420, 467, 468, 471
and 120-B of IPC is quashed and set aside.
It is noted that the petitioner has taken loan from the Punjab
National Bank, Branch Beerbal Chowk, Ganganagar and the
amount of loan is still outstanding against the petitioner. It is
made clear that the order passed in this case shall not effect the
(5 of 5) [CRLMP-4058/2021]
proceedings undertaken by the bank for the recovery of loan
amount due from the petitioner or the complainant.
(VINIT KUMAR MATHUR),J
218-219 Shahenshah/-
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