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2016 Supreme(Del) 3972

P.S.TEJI
AVDHESH OJHA – Appellant
Versus
STATE – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr.Pradyumna Singh, Adv.
For the Respondent:Mr.M.P.Singh, Mr.Jitender Singh, Advocate

JUDGMENT :

P.S.TEJI, J.

1. The present petition under Section 482 Cr.P.C. has been filed by the petitioners, namely, Sh. Avdhesh Ojha @ Hariom, Sh. Ravi Prakash Ojha and Sh. Avinash Kumar Tiwari for quashing of FIR No.46/2009 dated 02.02.2009, under Section 323/341/392/506/34 IPC registered at Police Station Pandav Nagar on the basis of the compromise deed executed between the petitioners and respondent no.2, namely, Sh. Birpal Singh on 21.05.2016.

2. Learned Additional Public Prosecutor for respondent-State submitted that the respondent no.2, present in the Court has been identified to be the complainant/first-informant in the FIR in question by his counsel.

3. The factual matrix of the present case is on the allegation that on 29.01.2009, at about 07.30 pm, when the complainant went to one Hariom’s (petitioner herein) shop where a dispute was resolved between Hariom and one Rajesh, which was followed by Rajesh giving a sum of Rs. 50,000/-to the complainant. The said amount was payment in exchange of a file from the petitioner herein. It is alleged that when the complainant and Rajesh went to Hariom’s house for the file in exchange of money, Hariom refused to do the same and demanded























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