Rajasthan High Court - Jaipur
Smt Laxmi Nayak D/O Late Shri Nathusingh ... vs State Of Rajasthan Through Pp on 14 September, 2018
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 5511/2018
1. Smt Laxmi Nayak D/o Late Shri Nathusingh B/c Nayak,
aged about 54 years, R/o Laxmi Niwas, Imli Wali Gali,
Near Railway Lines, Jonsganj, Ajmer.
2. Netrapal Singh S/o Shri Naval Kishore B/c Rajput, age 47
Years, R/o House No.350/A, Opposite Church Hall,
Christian Ganj, Ajmer.
3. Chetan Mali S/o Late Shri Prahalad Mali B/c Mali, aged 30
Years, R/o House No. 29/38, Gulab Bari Naya Ghar,
Jagdamba Colony, Ajmer.
4. Rajesh Panwar S/o Late Shri Gopal Ji Panwar B/c Mali,
aged 39 Years, R/o 2109/44, Shiv Shanti Nagar,
Dholabhata, Ajmer.
5. Naveen Kumar Bayla S/o Shri Ganpat Lal Bayla B/c
Meghwanshi, age 45 years, R/o Ganpati Nagar, Ashiyana
Pal Bichla, Hill Road, Ajmer.
6. Vinod Bharti S/o Shri Laxminarayan Bharti B/c Kohli, age
36 years, R/o Shiv Shanti Nagar, Dholabhata, Ajmer
7. Smt. Madhu Choudhary W/o Shri Dashrath Singh age 58
years, B/c Jat, R/o Band Kuan, Laxman Chowk, Alwar
Gate, Ajmer.
8. Prakash Jadam S/o Shri Arjun Singh, aged 28 Years, R/o
Gaddi Maliyan, Ajmer.
9. Arvind Kumar Meena S/o Shri Ramchandra Meena, R/o
Nagphani, Sanjay Nagar, Boraj Road, Ajmer.
----Petitioners
Versus
1. State Of Rajasthan through PP
2. Smt. Sarita Bhargawa W/o Shri Arun Kumar Bhargawa
B/c Brahman, Age 66 Years, R/o Flat No.301, Somya
Appartment, B-9, Dhurva Marg, Tilak Nagar, Jaipur.
----Respondents
For Petitioner(s) : Mr. B.L. Dhakar
For Respondent(s) : Ms. Meenakshi Pareek PP
Mr. Dilip Sharma
(2 of 3) [CRLMP-5511/2018]
HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
-/Order/-
14/09/2018 The present petition has been filed under Section 482 Cr.P.C. with the prayer that proceedings arising out of FIR No.250/2017 dated 14.6.2017 registered at Police Station Civil Lines, Ajmer for the offences under Sections 420, 465, 467, 468, 471 and 120B IPC be quashed on the basis of compromise arrived between the parties.
2. Smt. Sarita Bhargava complainant/respondent no.2 is present in the court. She has been identified by her counsel Mr. Dilip Sharma.
3. Smt. Sarita Bhargava complainant has submitted that Will of her father Onkar Nath Bhargava was forged and fabricated and on the basis of said Will, accused executed sale-deed. She has stated that now due to intervention of the respectables and elders of the families, accused have annulled the sale-deed executed on the basis of Will. They have also taken a stand in the civil court that they will not rely upon the said Will in any proceedings and thus, the suit has been decreed and the said Will has been disbelieved.
4. Learned counsel for the parties have vouchsafed the factum of compromise.
5. The learned counsel for the parties have jointly relied upon Gian Singh vs. State of Punjab & Another, (2012) 10 SCC 303, to contend that that this Court under Section 482 Cr.P.C. can quash the proceedings to advance the interest of justice.
(3 of 3) [CRLMP-5511/2018]
6. After hearing the learned counsel for the parties, this Court is of the view that the compromise is finest hour between the parties and this Court ought to grant due sanctity to the amicable resolution of dispute between the parties.
7. Consequently, taking totality of circumstances, and ratio of law laid in the case of Gian Singh (supra), the present petition is accepted and the impugned FIR No.250/2017 dated 14.6.2017 registered at Police Station Civil Lines, Ajmer for the offences under Sections 420, 465, 467, 468, 471 and 120B IPC along with all subsequent proceedings is quashed.
(KANWALJIT SINGH AHLUWALIA),J Mak/-
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