Supreme Court - Daily Orders
Mohd. Ismail vs The State Of Rajasthan on 8 September, 2017
Bench: A.K. Sikri, Ashok Bhushan
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IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO(S).1589 OF 2017
(Arising out of SLP (Crl.) No(s).5304 of 2017)
MOHD. ISMAIL APPELLANT(S)
VERSUS
THE STATE OF RAJASTHAN & ANR. RESPONDENT(S)
O R D E R
Leave granted.
The minimal facts which are required to dispose of this appeal are recapitulated below:-
The appellant and respondent No.2 are relatives. Respondent No.2 had lodged FIR No.36 of 2010 in P.S. Kotwali (Churu), District Churu, Rajasthan for the offences punishable under Section 420 & 406 of Indian Penal Code, 1860 against the appellant with the allegation that he paid Rs.22 lacs to the appellant for purchasing a flat in Mumbai, which actually costs Rs.45 lacs, with the assurance that the appellant shall send the agreement for purchase of the flat and receipt of the money already paid and the appellant issued a cheque against the amount as security.
The Investigation Officer conducted investigation Signature Not Verified and submitted charge-sheet in the aforesaid FIR showing the Digitally signed by SWETA DHYANI Date: 2017.09.13 17:16:44 IST Reason: appellant to be absconding before the Court of Chief Judicial Magistrate, Churu, on which the Court took 2 cognizance and issued summons to the appellant to appear before the Court. Thereafter, Chief Judicial Magistrate started proceedings under Sections 82 & 83 of the Code of Criminal Procedure, 1973 (Cr.P.C.) and recorded the evidence in the absence of accused under Section 299 of Cr.P.C. The trial Court closed the further proceedings and consigned the file to the record till the appearance of the accused.
The appellant approached the High Court of Rajasthan at Jodhpur for quashing of the entire proceedings, whereby the appellant was declared absconder, by way of filing quashing petition under Section 482 of Cr.P.C. The High Court partly allowed the quashing petition and set aside the order dated 09.12.2010 passed by trial Court and directed the trial Court for passing the appropriate order in accordance with law.
We have heard learned counsel for the parties. We find that the High Court itself has recorded that respondent No.2 has received the entire amount and no dispute is subsisting between the parties.
The proceedings are filed under Sections 420 and 406 of Indian Penal Code, 1860. Once amount stands paid to the complainant and no grievance is left now, no useful purpose will be served in proceeding with the trial in the aforesaid circumstances.
Accordingly, we allow this appeal and quash the proceedings arising out of FIR No.36 of 2010. 3
Pending applications, if any, shall also stand disposed of.
..........................J. [A.K. SIKRI] ..........................J. [ASHOK BHUSHAN] NEW DELHI 8TH SEPTEMBER, 2017 4 ITEM NO.55 COURT NO.6 SECTION II S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s). 5304/2017 (Arising out of impugned final judgment and order dated 09-03-2017 in SBCRM No. 1445/2016 passed by the High Court of Judicature for Rajasthan at Jodhpur) MOHD. ISMAIL Petitioner(s) VERSUS THE STATE OF RAJASTHAN & ANR. Respondent(s) (IA No.59282/2017-EXEMPTION FROM FILING O.T.) Date : 08-09-2017 This petition was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE A.K. SIKRI HON'BLE MR. JUSTICE ASHOK BHUSHAN For Petitioner(s) Mr. Shakil Ahmed Syed, AOR For Respondent(s) Ms. Ruchi Kohli, Adv.
Ms. Nidhi Jaswal, Adv.
UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeal is allowed in terms of the signed order. Pending applications, if any, shall also stand disposed of.
(SWETA DHYANI) (MALA KUMARI SHARMA) SENIOR PERSONAL ASSISTANT BRANCH OFFICER (Signed order is placed on the file)