Smt. Sita @APPELLANT@Hash State of Rajasthan & Ors.

Present petition has been filed under Section 482 Cr.P.C. praying that FIR No.120/17, registered at Police Station Karni Vihar, Jaipur, at the instance

of respondent No.2 be quashed for offence under Section 120B IPC as the trial court has already accepted the compromise between the parties qua

offence under Section 420 IPC.

This is second round of litigation. Earlier, petitioners have approached this court by filing S.B. Criminal Misc. Petition No.2034/2018 and the said

petition was disposed of by this court on 25.4.2018 by passing the following order:-

“Present petition has been filed under Section 482 Cr.P.C. praying that proceedings arising out of impugned FIR bearing No.120/2017 registered at

Police Station Karni Vihar, Jaipur(West), be quashed.

Counsel for the petitioner has submitted that complainant had lodged FIR that petitioner had pawned the jewellery and had obtained the loan and later

it was found that the jewellery pawned was artificial.

Counsel for the petitioner has contended that petitioner has now paid the entire amount to the complainant, and the matter has been amicably resolved.

Mr. Vikram Singh Panwar is present in court along with Satya Narayan complainant respondent No.2. He has identified Satya Narayan complainant

respondent No.2 and has vouchsafed the factum of compromise.

Offence under Section 420 IPC is compoundable, therefore, the present petition is disposed of by issuing following directions:-

(a) That petitioners and the complainant shall appear before thetrial court on 30.04.2018.

(b) That Investigating Officer through Mr. Aladeen Khan, ld.Public Prosecutor, is directed to remain present in trial court for identification of the

complainant.

(c) That petitioner and the complainant shall file an applicationfor composition of offence.

(d) The trial Judge after recording the statement of theInvestigating Officer shall decide the application for composition of offence within three days of

its filing.â€​

Learned counsel for the petitioners contends that in pursuance of the above said order dated 25.4.2018, application for composition of offences was

presented before the trial court. The trial court accepted the compromise for offence under Section 420 IPC only as the said offence is

compoundable. However, the compromise was not accepted for offence under Section 120B IPC.

Shri Vijay Singh Panwar, learned counsel for the complainant-respondent No.2, has submitted that since statement of the complainant has already

been recorded and complainant has accepted the factum of compromise, present petition be allowed and the impugned FIR for offence under Section

120B IPC be quashed.

Learned counsel for the parties have jointly relied upon the observations made by the Supreme Court in Gian Singh v. State of Punjab & Anr. [(2012)

10 SCC 303] to contend that this Court while exercising its inherent jurisdiction under Section 482 Cr.P.C., can quash the FIR and subsequent criminal

proceedings, where the parties have amicably resolved the dispute which is private in nature.

Since the parties, to promote everlasting peace and harmony in the society, have decided to bury the hatchet, this court is of the view that hour of the

compromise is the finest hour between the respective parties.

Taking into account the submissions made by the learned counsel for the parties and considering the fact that the dispute, which is private in nature,

has been resolved by the parties by way of compromise, the present petition is allowed and the impugned FIR for offence under Section 120B IPC

alongwith all subsequent proceedings, is quashed.