Rajasthan High Court - Jaipur
Sayed Irfan Ali Rizvi @ Habibi Hussain A vs State on 17 February, 2011
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR SB Criminal Misc. Petition No.1177/2009 Sayed Irfan Ali Rizvi @ Habibi Hussain Ali Rizvi Vs. State of Rajasthan Date of order 17.2.2011 HON'BLE DR. JUSTICE MEENA V. GOMBER Dr. P.C. Jain, for accused-petitioner Mr. Sayed Irfan Ali Rizvi @ Habibi Hussain Ali Rizvi, present in person Mr. Laxman Meena, Public Prosecutor for State non petitioner Mr. Ashvin Garg, for complainant Mr. Sayed Raza Ali Rizvi, complainant present in person This criminal Misc. Petition had been filed by the accused Sayed Irfan Ali Rizvi seeking quashment of proceedings of criminal case no.262/1992 before the Court of ACJM No.1, Ajmer for trial of offences under Section 419 and 420 IPC.
The non-petitioner Shri Sayad Raza Ali Razvi (complainant) happens to be the real uncle of the accused petitioner. The record shows that the offence alleged to have been committed by the accused petitioner pertains to the year 1967 and FIR No.6/1980 was registered at Police Station Kotwali, Ajmer on 13.1.1980 wherein initially the Final Report was submitted by the police and parties also arrived at a compromise on 3.2.1983, copies whereof are Annexure-5 and then Annexure-8 dated 15.3.1983.
However the complainant uncle filed a protest petition in May 1992 i.e. After 9 years whereupon the cognizance against the accused-petitioner was taken for offences mentioned hereinabove.
Revision petition No.286/2000 filed against said order was allowed and order of cognizance was set aside. The matter was remanded vide order dated 24.3.2009 for fresh consideration.
Thereafter accused petitioner's application dated 10.4.2009 seeking quashment of the proceedings and also taking some documents on record was dismissed on 18.4.2009 and another application dated 20.4.2009 seeking amendment in the order dated 18.4.2009 was disposed of on 25.4.2009 and the matter was posted for 27.4.2009 for passing order with regard to charge. It is thereafter that this S.B.Criminal Misc. Pet. No.1177/2009 was filed on 20.5.2009.
Today the parties appeared in person and submitted that the complainant Sayed Raza Ali Rizvi, the uncle of accused petitioner is in his old age and has also not been keeping a very good health because of ailments and that the parties have travelled from Ajmer today and that since they have already settled their all grievances against each other by way of settlement out of court, they do not want to continue any proceedings before any court.
They also submitted that there was some dispute with regard to the property also, which they have already settled and even the registered documents have also been executed with regard to the title of the property.
The parties filed fresh compromise before this court duly signed by them and identified by their respective counsel. The terms of compromise which were read over, were understood by them by putting their signatures in the presence of their respective counsel. Parties have reiterated that they do not want to proceed against each other and that the offences under Section 419 and 420 IPC being compoundable, their compromise be attested. It was submitted that the proceedings of Criminal Case No.262/1992 for offences under Sections 419 and 420 IPC, be quashed in the interest of justice. The compromise was attested.
Since the parties have settled their disputes outside the Court and no fruitful purpose will be achieved by continuing the criminal proceedings.
In the facts circumstances of the case, I consider it proper to accede to the prayer made by the parties. Hence in exercise of inherent powers vested in this court, the proceedings of criminal case No.262/1992 pending before ACJM No.1, Ajmer for offences under Sections 419 and 420 IPC are quashed.
Copy of the order be sent to the trial court for necessary action.
This petition, accordingly, stands disposed.
(Dr. Meena V. Gomber) J.
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