Rajasthan High Court - Jaipur
Moti Ram vs State Of Raj And Anr on 2 May, 2018
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 443/2018
Moti Ram S/o Shri Gutaram B/c Jat, Aged About 78 Years, R/o Dhani
Beniwalon Ki, Reengus, Distt. Sikar (Raj.)
----Petitioner
Versus
1. State Of Rajasthan Through Pp.
2. Mahaveer Prasad S/o Shri Mohan Lal B/c Kumawat, R/o
Abhawas, Police Station Ringus, Distt. Sikar (Raj.)
----Respondents
For Petitioner(s) : Mr. Amit Sharma
For Respondent(s) : Mr. Rajveer Singh
For the State : Mr. R.S. Shekhawat, Public Prosecutor
HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA / Order 02/05/2018 Instant petition has been preferred under Section 482 Cr.P.C. seeking quashing of impugned F.I.R. No.09/2006 dated 17.01.2006 registered at Police Station Ringus District Sikar for offences punishable under Sections 419, 420, 467, 468 and 471 of Indian Penal Code on the basis of compromise.
Petitioner was posted as Patwari. A wrong record was allegedly prepared to reflect that Baksaram @ Baksiram as successor to the estate of Mangejaram, even though the father of Baksaram @ Baksiram had gone in adoption. It is contended that since Baksaram @ Baksiram beneficiary of Mangejaram has expired, the present F.I.R. be quashed on the basis of compromise affected between the parties.
Mr. Rajveer Singh, ld. counsel appearing for the complainant/ respondent, has submitted that since the land, in question (2 of 2) [CRLMP-443/2018] has been returned to the complainant, he has decided not to pursue the present F.I.R.
In the present case, offence, if any, has been committed against the State. The petitioner was a Government servant. The dispute is not private in nature to rely upon the judgment rendered by the Supreme Court in the case of Gian Singh Vs. State of Punjab & Another [(2012) 10 S.C.C. 303].
Hence, no interference is warranted and the present petition, being devoid of merits is, hereby, dismissed.
(KANWALJIT SINGH AHLUWALIA),J ashok