Rajasthan High Court - Jaipur
Smt Shimla Devi vs State Of Raj And Anr on 19 April, 2018
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misccellaneous (Petition) No. 2021/2018
Smt. Shimla Devi W/o Shri Dinesh Kumar Bagoria B/c Khatik,
R/o Mohalla Khatikan Chomu, District Jaipur.
----Petitioner
Versus
1. State Of Rajasthan Through Pp.
2. Ram Kishore Barala S/o Shri Ram Narayan Barala B/c Jat,
R/o Renwal Road, Chomu, District Jaipur.
----Respondents
For Petitioner(s) : Mr. Kuldeep Aswal
For Respondent(s) : Mr. Prakash Thakuriya PP
Ms. Chanchal Saini for Mr. Dhanna
Ram
HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Order 19/04/2018 The present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No. 149/2009, registered at Police Station Bani Park, Jaipur (South) for the offences under Sections 420, 406, 467, 468, 471 and 120B IPC.
The learned counsel for the petitioner has contended that the complainant/respondent no.2 Ram Kishore Barala had lodged the FIR stating that the land belonging to him has been sold by the petitioner Smt. Shimla Devi and other accused.
The complainant Ram Kishore Barala, respondent no.2 is present in the court. He has been identified by Ms. Chanchal Saini. Ms. Chanchal Saini counsel for the complainant has also vouchsafed the factum of compromise.
(2 of 2) [CRLMP-2021/2018] The learned counsel for the petitioner has submitted that in the above FIR, Final Report in negative form was submitted. Thereafter, the complainant, filed a protest petition. It is contended that the protest petition is still pending before the trial court.
The learned counsel for the respondent no.2, on instructions from complainant/respondent no.2. Ram Kishore Barala has stated that the land has been returned to the complainant and he no longer intends to pursue the protest petition filed by him. Counsel for the respondent no.2 further submitted that the respondent no.2 has accepted the findings given by the police and he will not pursue the protest petition filed by him.
In view of joint statement made by the learned counsel for the parties, the present petition is disposed of by issuing a direction to the court of Additional Civil & Metropolitan Magistrate (JD No.17) Jaipur Metropolitan, Jaipur to permit the complainant to withdraw the protest petition after recording his statement that he has accepted the finding of police and no longer intends to pursue the protest petition.
(KANWALJIT SINGH AHLUWALIA),J Mak/-