Rajasthan High Court - Jaipur
Smt Swati Bansal vs State Of Rajasthan Through Pp on 15 September, 2016
Author: Mohammad Rafiq
Bench: Mohammad Rafiq
Crlmp2288/2016
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
ORDER
IN
S.B. Cr. Misc. Petition No.2288/2016
(With Stay Application No.2331/2016)
Swati Bansal W/o Shri Amit Bansal,
R/o 864, Darshan Bhawan, Mahaveer
Nagar, Gopalpura Bypass Road, Jaipur
...accused-petitioner
Versus
1. The State of Rajasthan through
Public Prosecutor
...Non-petitioner
2. Shri Anand Jain S/o Shri Jayanti
Prasad Jain, aged 44 years,
Proprietor Siddi Vinayak Export, R/o
31-K-4, Jyoti Nagar, Jaipur
...Complainant-non-petitioner
Date of Order ::: 15.09.2016
Present
Hon'ble Mr. Justice Mohammad Rafiq
Mr. M.M. Ranjan, senior counsel, with
Mr. Arun Singh Shekhawat, counsel for accused-
petitioner
Mr. Jitendra Shrimali, counsel for respondent State
Ms. Tanvi Sahai, counsel for complainant-respondent
####
By the Court:-
This petition under Section 482 Cr.P.C. has been filed by accused-petitioner Smt. Swati Bansal for quashment of the F.I.R. No.212/2016 registered at Police Station Bajaj Nagar, Jaipur, for offence under Sections 420 and 406 of the Indian Penal Code.
It is contended that the F.I.R. was lodged on 28.04.2016 by complainant-respondent Mr. Anand Jain (Exporter), alleging that Mr. Amit Bansal, Smt. Swati Bansal and Mr. Darshan Bansal (Importers), are owners of the companies and their main business is to purchase the garments and to sell the same in USA and at other places. The complainant-respondent supplied the goods Crlmp2288/2016 // 2 // to the accused on the basis of purchase orders to USA but it is alleged the accused failed to make payment. It is also contended that accused-petitioner has nothing to do with the companies of her husband. She is neither proprietor nor partner nor director nor even employee of the said companies. It is evident from the F.I.R. that the business transaction has been given colour of criminal action in India, as complainant himself said while lodging the FIR that payments was done by the accused of the goods sent by the exporters in the course of business transactions between the exporters and importers, and it is only a civil dispute between the parties.
Learned counsel for both the parties submit that the matter has been compromised between the accused-petitioner and complainant-respondent and an application under Section 320 of the Code of Criminal Procedure has been filed on behalf of accused- respondent for compounding the offence under Sections 420 and 406 of the Indian Penal Code. It is stated therein that in the above noted case the parties have entered into a compromise as it is a civil dispute and complete payment has been made to the satisfaction of the complainant and the complainant does not want to prosecute the accused and that in such circumstances it is desirable in the interest of justice that the F.I.R. be quashed. The application has been supported by an affidavit of the complainant-respondent. The complainant-respondent is present in the court and he has been identified by his counsel. His presence is also recorded.
Learned counsel for the accused-petitioner, in Crlmp2288/2016 // 3 // support of the argument, has relied on judgments of the Supreme Court in Shiji and Another Vs. Radhika and Another - (2011) 10 SCC 705 and Manoj Sharma Vs. State and Others - (2008) 16 SCC 1, wherein it has been held that power under Section 482 Cr.P.C. can be exercised as per settled principles, in case where there is no chance of recording conviction against accused and entire exercise of trial is destined to be exercised in futility.
A coordinate bench of this court in S.B. Cr. Misc. Petition No.6323/2015 - Deepak Pareek and Others Vs. State of Rajasthan and Another, disposed of the petition vide order dated 01.04.2016, and ordered to drop the criminal proceedings in criminal case in view of the settlement between the parties.
In view of the facts given above, the criminal misc. petition as also the application under Section 320 of the Cr.P.C. are allowed. The F.I.R. No.212/2016 at Police Station Bajaj Nagar,Jaipur, for offence under Sections 420 and 406 of the Indian Penal Code, is quashed in the light of settlement arrived at between the parties.
The criminal misc. petition and the application stand disposed of. This also disposes of stay application.
(Mohammad Rafiq) J.
//Jaiman//91