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2019 Supreme(Raj) 2450
IN THE HIGH COURT OF RAJASTHAN
Kanwaljit Singh Ahluwalia, J.
Mahesh Gupta - Appellant
Versus
State Of Rajasthan, Through Pp And Another - Respondent
Criminal Miscellaneous (Petition) No. 2656 of 2018
Decided On : 24-01-2019
Mr. Daulat Sharma, Advocate, for the Appellant; Ms. Meenakshi Pareek PP, Mr. Nirmal Kumar Gurjar for respondent No. 2, for the Respondents
The court can quash proceedings under Section 482 Cr.P.C. to advance the interest of justice and grant sanctity to the compromise between the parties.
Headnote:
Quashing of FIR - Compromise - The court quashed the FIR and subsequent proceedings based on the compromise between the parties, citing the interest of justice and the compoundable nature of the offenses under Section 420 and 406 IPC.
Fact of the Case:
The complainant had filed an FIR for offenses under Sections 420, 406, and 120B IPC, stating that the petitioner owed him Rs. 44,000 for supplied goods.
Finding of the Court:
The court accepted the compromise between the parties and quashed the FIR and subsequent proceedings, directing the release of the amount kept in FDR to the complainant.
Issues: Quashing of FIR, Compromise between parties
Ratio Decidendi: The court relied on the compoundable nature of the offenses under Section 420 and 406 IPC and the interest of justice to grant sanctity to the compromise between the parties.
Final Decision: The petition was accepted, and the impugned FIR along with all subsequent proceedings was quashed. The amount kept in FDR was directed to be released to the complainant.
JUDGMENT
1. The present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No. 0153/2018 registered at Police Station Bassi, Jaipur City (East) for the offences under Sections 420, 406 and 120B IPC.
2. In the present case, the complainant / respondent No. 2 had made a grievance in the FIR that he had supplied goods to the petitioner and the outstanding amount due was Rs. 44,000/-.
3. This Court on 12.11.2018 had passed the following order:-
"The learned counsel appearing for the petitioner contends that the petitioner shall deposit Rs. 30,000/- in the Office of the Registrar (Judicial) of this Court within a period of two weeks from today.
Let the petitioner to show his bona fide deposit Rs. 30,000/-, as per statement made by Counsel in this Court.
The amount, so deposited by the petitioner in the Office of the Registrar (Judicial) shall be kept in F.D.R., till the disposal of the present petition.
List on 19.01.2019.
Till then, the interim order, already in favour of the petitioner shall continue."
4. Today, the complainant/respondent No. 2 Shri Ram Kumar Sharma is present in the court. He has been identified by his counsel Mr. Nirmal Kumar Gurjar.
5. The complainant has stated that in case amount of Rs. 30,000/- kept in FDR is released in favour of the complainant by Registrar (Judicial) of this Court, he shall not pursue the present FIR.
6. Learned counsel for the petitioner and the learned counsel for the complainant / respondent No. 2 have submitted that now the parties have affected the compromise. Offences under Section 420 and 406 IPC otherwise are also compoundable.
7. The learned counsel for the parties have jointly relied upon Gian Singh v. State of Punjab & Another, (2012) 10 SCC 303 , to contend that that this Court under Section 482 Cr.P.C. can quash the proceedings to advance the interest of justice.
8. After hearing the learned counsel for the parties, this Court is of the view that the compromise is finest hour between the parties and this Court ought to grant due sanctity to the amicable resolution of dispute between the parties.
9. Consequently, taking totality of circumstances, and ratio of law laid in the case of Gian Singh (supra), the present petition is accepted and the impugned FIR along with all subsequent proceedings is quashed.
10. Registry is directed to release the amount of Rs. 30,000/- kept in FDR alongwith interest to the complainant/respondent No. 2 upon his identification by the counsel.
