Jitendra Kumar Sharma And Ors @APPELLANT@Hash State of Rajasthan & Anr

Present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No.494 dated 08.02.2016 registered at Police Station Kotwali

Dausa, District Dausa, Rajasthan, for offences under Sections 420, 466, 467, 468, 471, 120-B and 406 IPC.

Complainant Ramkailash Meena is present in court. He has been identified by his counsel Mr. Lovekesh Chaudhary.

In the present case, quashing of FIR has been sought on basis of compromise. This court on 04.05.2018 had passed the following order:-

“Instant petition has been preferred under Section 482 Cr.P.C. seeking quashing of impugned F.I.R. No.494/2016 registered at Police Station

Kotwali Dausa District Dausa for offences punishable under Sections 420, 466, 467, 468, 471, 120-B and 406 I.P.C.

The learned counsel appearing for the petitioners has contended that it is alleged by the complainant that the petitioners misrepresented themselves to

be employees of the Bajaj Capital Finance and on the pretext of extending loan had cheated the complainant of Rs.1,33,650/-. Counsel has further

contended that no document was fabricated and the offence of cheating alone is made out which is compoundable. Counsel has submitted that the

charge-sheet has already been filed in the trial Court. Counsel has further submitted that except the respondent No.2, no other person has been

cheated by the petitioners.

After hearing the learned counsel appearing for the parties, a direction is issued to the trial Court to verify the factum of compromise, after recording

statement of the complainant and thereafter, submit a report to this Court.

To await the report from the trial Court, list on 27.07.2018.

On that day, Investigating Officer shall also remain present in person before this Court, along with the report regarding the antecedents of the

petitioners.

Investigating Officer shall acquaint this Court, whether the petitioners have cheated any other gullible investors or not. â€​

In pursuance of the said order, trial court has verified the compromise and the report submitted by the trial court reads as under:-

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Mr. Prakash Thakuriya, ld. PP, on instructions from SubInspector Rajat Khatri, Police Station Kotwali, District Dausa, has submitted that no other

case is pending against the petitioners at Police Station Dausa and at the police station where they are residing.

As per learned Public Prosecutor, so far antecedents of the petitioners are concerned except this case they are not involved in any other case.

It has been often held by the Courts that hour of the compromise is the finest hour between the parties and the Court while exercising its inherent

jurisdiction under Section 482 Cr.P.C. can quash the proceedings even qua non-compoundable offences.

Relying upon the case of Gian Singh Vs. State of Punjab & Another [(2012) 10 S.C.C. 303], learned counsel for the parties have pleaded that this

Court while exercising its inherent jurisdiction under Section 482 Cr.P.C. ought to quash the criminal proceedings, which have been amicably resolved.

Considering the fact that parties have amicably resolved their dispute, the principle established by the Apex Court in the case of Gian Singh [supra]

and in the interest of justice, this Court, hereby, quashes impugned First Information Report No.494 dated 08.02.2016, registered at Police Station

Kotwali, District Dausa, Rajasthan, for above said offences, along with all subsequent proceedings.

Resultantly, the present petition is, hereby, allowed.