Citation : 2024 Latest Caselaw 9104 Raj
Judgement Date : 17 October, 2024
[2024:RJ-JD:42444]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 5127/2024
Robin Khurana, Aged About 40 Years, R/o House No. 147-D, Gali
No. 05, Near Bega Ram Marg, Setia Colony, Dist.
Sriganganagar,raj.
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Sukhpal Kaur D/o Shri Dal Singh, R/o Johrad, Tehsil
Malot, Muktsar Sadar, Dist. Shri Muktsar Sahib (Punjab)
----Respondents
Connected With
S.B. Criminal Misc(Pet.) No. 4279/2024
Virendra Singh S/o Shri Iqbal Singh, Aged About 35 Years, R/o 2
W Gurusar, Sri Karanpur, Kesarisinghpur, Dist. Sriganganagar,raj.
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Sukhpal Kaur D/o Shri Dal Singh, W/o Shri Mander Singh
R/o Johrad, Tehsil Malot, Muktsar Sadar, Dist. Shri
Muktsar Sahib, Punjab
----Respondents
For Petitioner(s) : Mr. Yogendra Singh Chouhan
For Respondent(s) : Mr. Vikram Rajpurohit, PP
Ms. Sonika, for R/2.
HON'BLE MR. JUSTICE ARUN MONGA
Order
17/10/2024
1. In both these petitions, quashing of same FIR No.0009/2024,
dated 09.01.2024, for the alleged offences committed under
Sections 166, 166-A, 167, 188, 420, 467, 468, 471 474 and 120-
B of IPC, registered at P.S. Kesrisinghpur, District Sriganganagar
[2024:RJ-JD:42444] (2 of 3) [CRLMP-5127/2024]
and all consequential proceedings, on the basis of compromise, is
sought herein.
2. It transpires that the petitioner-accused Virendra Singh (in
S.B. Criminal Misc. Petition No.4279/2024) and the respondent
No.2 - complainant are cousins and petitioner-accused Robin
Khurana (in S.B. Criminal Misc. Petition No.5127/2024) was
Patwari at the relevant time, and the allegation against the
petitioner-accused Virendra Singh is that after the death of the
father of the complainant, he forged a Will and got transferred the
property in the name of Iqbal Singh (father of accused Virendra
Singh and uncle of the respondent No.2-complainant). Allegation
against Robin Khurana (the then Patwari) is that he, in connivance
with the accused Virendra Singh, made entries in the mutation
register. It is stated that the allegations were made against the
petitioners in the heat of moment during registration of the FIR.
Subsequently, they have buried their hatchet and have entered
into a compromise, pursuant to which they wish to enjoy cordiality
with each other.
3. Learned counsel for the petitioners submits that during the
pendency of the petition, the parties have entered into
compromise is borne out from the compromise deed dated
04.10.2024 filed by the complainant-respondent No.2. In view of
the said compromise, the respondent No.2-complainant, now does
not want to press the charges against the petitioners and proceed
further in the matter.
5. Learned Public Prosecutor and learned counsel for the
complainant concur with the factum of compromise arrived
[2024:RJ-JD:42444] (3 of 3) [CRLMP-5127/2024]
between the parties and convey no objection to the quashing of
the FIR.
6. In the premise, in the larger interest of justice, invoking
inherent powers vested with this Court under Section 482 of
Cr.P.C. (now Section 528 of 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].
7. Consequently, the instant petitions are allowed. The
impugned FIR No. 0009/2024, dated 09.01.2024, registered at
P.S. Kesrisinghpur, District Sriganganagar and all consequential
proceedings arising therefrom, are hereby quashed.
8. All pending application(s), if any, shall also stand disposed of.
(ARUN MONGA),J 170-skm/-
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