Citation : 2024 Latest Caselaw 8674 Raj
Judgement Date : 1 October, 2024
[2024:RJ-JD:40642]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 1312/2018
1. Narendra Kumar Bhatt S/o Shri Baktharamji, Resident Of
Village Gamdi Deval, Dungarpur
2. Smt. Basanti Devi W/o Shri Baktharamji Bhatt, Resident
Of Gamdi Deval, Dungarpur.
----Petitioners
Versus
1. State Of Rajasthan
2. Prakash S/o Gordhanlal, Resident Of Sadar Dungarpur,
Dungarpur.
----Respondents
For Petitioner(s) : Mr. C.V.S. Shekhawat
For Respondent(s) : Mr. Vikram Rajpurohit, PP
with Mr. R.S. Bhati
Mr. Anurag Bhojwani, for R/2.
HON'BLE MR. JUSTICE ARUN MONGA
Order 01/10/2024
1. Quashing of an FIR No.427/2016, dated 02.11.2016, for the
alleged offences committed under Sections 420, 467. 468 and 471
of IPC, registered at P.S. Rishabhdev, District Udaipur and all
consequential proceedings, on the basis of compromise is sought
herein.
2. It is stated that the petitioners (accused) and the
complainant are known to each other. The dispute between the
parties pertains to a civil matter involving the land in question.
The allegation against the petitioners is that they forged the
documents of the land in question to obtain the sale-deed
registered in their names. Subsequently, they have buried their
hatchet and have entered into a compromise, pursuant to which
they wish to enjoy their cordiality with each other.
[2024:RJ-JD:40642] (2 of 2) [CRLMP-1312/2018]
3. Learned counsel for the petitioners submits that during the
pendency of this petition, the parties have entered into
compromise. The respondent No.2-complainant, now does not
want to press charges against the petitioners.
4. Learned Public Prosecutor and learned counsel for the
complainant concur with the factum of compromise arrived
between the parties and convey no objection to the quashing of
the FIR.
5. In the premise, in the larger interest of justice, invoking
inherent powers vested with this Court under Section 482 Cr.P.C.
(now Section 528 of the BNSS) it is deemed expedient to quash
the FIR in question arising out of a dispute between the parties
and all consequential proceedings arising therefrom for mutual
good relations between the parties and to maintain societal peace.
Reference in this context may be had to judgment rendered in the
case of Gian Singh Vs. State of Punjab & Anr. [(2012) 10
SCC 303].
6. Consequently, the instant petition is allowed. The impugned
FIR No.427/2016, dated 02.11.2016, registered at P.S.
Rishabhdev, District Udaipur and all consequential proceedings
arising therefrom, are hereby quashed.
7. All pending application(s), if any, shall also stand disposed of.
(ARUN MONGA),J 290-skm/-
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