Ram Lal vs State Of Rajasthan
2022 Latest Caselaw 2578 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
              S.B. Criminal Misc(Pet.) No. 1739/2021

Ram Lal S/o Shri Rakama Ji Meena, Aged About 45 Years, By
Caste Bheel, R/o Village Sakthali Khurd, P.s. Arnod, District
Pratapgarh (Rajasthan).
                                                                   ----Petitioner
                                   Versus
1.     State Of Rajasthan, Through P.p.
2.     Shri Harish S/o Shri Narayan Lal Meena, Village Sakthali
       Khurd, P.s. Arnod, District Pratapgarh (Rajasthan).
                                                                ----Respondents


For Petitioner(s)        :     Mr.Shambhoo Singh.
For Respondent(s)        :     Mr.Sudhir Tak, P.P.
For Respondent No.2      :     Ms.Varsha Purohit.



           HON'BLE MR. JUSTICE SANDEEP MEHTA

                                   ORDER

14/02/2022

Heard learned counsel for the petitioner, learned Public

Prosecutor and learned counsel for the complainant respondent

No.2. Perused the material available on record.

The petitioner has approached this Court under Section 482

Cr.P.C. seeking quashing of the F.I.R. No.26/2020 registered at the

Police Station Arnod, District Pratapgarh for the offences under

Sections 420, 467, 468, 471 and 120B of the I.P.C.

The petitioner contested the Panchayat elections held in the

year 2020. The respondent No.2 complainant filed the above F.I.R.

with an allegation that the petitioner made wrong declaration

regarding the number of his children while submitting the

(2 of 3) [CRLMP-1739/2021]

nomination form and thus, was liable for the offences referred to

supra.

The Investigating Officer conducted thorough investigation

and has found the offences punishable under Sections 198, 199,

200 and 420 I.P.C. proved against the petitioner. During pendency

of the investigation, the parties have arrived at a compromise and

accordingly, the respondent No.2 complainant has sworn an

affidavit dated 11.02.2020 for compromising the dispute with the

petitioner.

Shri Shambhoo Singh Rathore, counsel representing the

petitioner placed reliance on this Court's judgments in the cases of

Smt.Kamla Vs. State of Raj. & Anr. passed in S.B.Cr.Misc.

Petition No.1164/2016 decided on 3.11.2017 and Amita

Trivedi & Anr. Vs. State of Raj. & Anr. passed in S.B.Cr.Misc.

Petition No.2762/2011 decided on 30.7.2012 and urged that

even if the admitted allegations of the complainant as set out in

the F.I.R. are accepted to be true on the face of the record, the

offences if any would be covered under Chapters IX, X and XI of

I.P.C. and are non-cognizable offences for which, no F.I.R. can be

registered.

Learned Public Prosecutor and learned counsel representing

the complainant respondent No.2 candidly conceded that even if

the allegations levelled by the complainant in the impugned F.I.R.

are accepted to be true on the face of the record, only the non-

cognizable offences are indicated.

In view of above and as the complainant has compromised

the dispute with the petitioner, no useful purpose will be served by

allowing investigation of the impugned F.I.R. Hence, it is a fit case

(3 of 3) [CRLMP-1739/2021]

for exercising inherent powers conferred upon this Court by

Section 482 Cr.P.C. for quashing the F.I.R.

As a consequence, the misc. petition is allowed. The

impugned F.I.R. No.26/2020 registered at the Police Station

Arnod, District Pratapgarh for the offences under Sections 420,

467, 468, 471 and 120B of the I.P.C. and all subsequent

proceedings sought to be taken thereunder against the petitioner

are hereby quashed.

Stay petition is disposed of.

(SANDEEP MEHTA),J

/tarun goyal/ 68

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