Kishor Kumar S/O Vishandas ... vs State Of Rajasthan
2021 Latest Caselaw 7873 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

       S.B. Criminal Miscellaneous (Petition) No. 8118/2021

1.      Kishor Kumar S/o Vishandas Wadhwani, R/o 301, 4Th
        Floor, Gopal Tower, Maninagar, Ahmedabad ( Gujrat ).
2.      Bhavik S/o Govindbhai Patel, R/o 11, Bhagatbapanagar,
        Surelia Estate, Road, Vastral, Ahmedabad (Gujrat).
                                                                  ----Petitioners
                                   Versus
1.      State Of Rajasthan, Through P.p.
2.      Ram Babu Rajoria S/o Lal Chand Rajoria, R/o S-18,
        Subhash Marg, Bhawani Singh Road, C-Scheme, Jaipur.
                                                                ----Respondents

For Petitioner(s)        :     Mr. Rahul Patni, Adv.
For Respondent(s)        :     Mr. Shyam Prakash Sharma, PP
For Complainant(s)       :     Mr. Saurabh Bhandari, Adv.



           HON'BLE MR. JUSTICE INDERJEET SINGH

                                    Order

20/12/2021

1. Instant criminal Miscellaneous petition has been filed under

Section 482 Cr.P.C. for quashing of the proceedings pending before

the Chief Metropolitan Magistrate Jaipur Metropolitan-II, Jaipur in

Criminal Case No.446/2021 as well as for quashing of the First

Information Report No.192/2020 registered at Police Station

Manak Chowk, Jaipur (East) for the offence under Sections 420,

406 of I.P.C.

2. It is submitted by counsel for the petitioners that the

petitioners have settled their dispute with the proprietor of M/s Raj

Laxmi Textiles and Mr. Ram Babu Rajoria. Counsel further submits

that the complaint has been lodged by Mohit Tiwari who was

(2 of 3) [CRLMP-8118/2021]

employee of Sh. Ram Babu Rajoria, due to non-payment of the

purchase made by the petitioners from the proprietor of M/s Raj

Laxmi Textiles and nature of the offences alleged against the

petitioners is civil in nature and there are business transactions

between the petitioners and Ram Babu Rajoria. Counsel further

submits that after completion of the investigation, the police has

submitted the charge-sheet under Section 420 & 406 of I.P.C. and

it has been recorded by the Investigating Officer that although the

complaint was lodged by the employee of Raj Laxmi Textiles

however the proprietor of Raj Laxmi Textiles is Ram Babu Rajoria

and he does not want to pursue the complaint any further.

Counsel relied upon the judgment passed by the Hon'ble Supreme

Court in the matter of Gian Singh Vs. State of Punjab & Anr.

reported in 2012(10) SCC 303 and prayed that the FIR pending

qua the petitioners be quashed in view of the compromise

between the parties.

3. The respondent No.2 (complainant)-Ram Babu Rajoria along

with his counsel is present in the court and admitted the fact of

compromise between the parties. A copy of the Aadhar card of the

respondent No.2 (complainant) is taken on record.

4. Learned Public Prosecutor has opposed the petition.

5. Considering the facts and circumstances of the present case

and the fact that the parties have settled their dispute by way of

compromise and also considering the judgment passed by the

Hon'ble Supreme Court in the matter of Gian Singh (supra), the

criminal misc. petition is allowed and the proceedings pending

before the Chief Metropolitan Magistrate Jaipur Metropolitan-II,

Jaipur in Criminal Case No.446/2021 as well as First Information

(3 of 3) [CRLMP-8118/2021]

Report No.192/2020 registered at Police Station Manak Chowk,

Jaipur (East) qua the petitioners, are hereby quashed.

6. The stay application also stands disposed of.

(INDERJEET SINGH),J

JYOTI /456

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