[Citation : 2009(2) RLW 1337 (Raj.)]
(Rajasthan High Court)
Jaipur Bench
Munshi Ram Tutlani & Ors. Vs. State of Raj. & Anr. (Bhandari, J.)
HON BLE M.N. BHANDARI, J.
Munshi Ram Tutlani & Ors.
Versus
State of Rajasthan & Anr.
S.B. Criminal Misc. Petition No. 535 & 534 of 2008, decided on 13.02.2009
Petition allowed.
na-iz-la-] 1973] /kkjk 482( n.M lafgrk] /kkjk 420] 467] 468] 471] 120-[k & i{kdkjksa ds e/; jkthukesa ds ckotwn Hkh QkStnkjh dk;Zokgh tkjh j[kuk & ;g ekeyk gksVy lEifr ls lEcfU/kr gS tks vfHk;qDr dks izcU/ku gsrq nh xbZ Fkh & bls foØ; ds :i esa isk fd;k & vkijkf/kd dk;Zokgh nk;j dh & izdj.k yfEcr jgus ds nkSjku jkthukek gqvk & vfHk;qDr dks Hkk-n-la- dh /kkjk 420 ds rgr vijk/k ls nks"keqDr fd;k D;ksafd ;g jkthukek ds vk/kkj ij 468] 471] 120-[k rgr vijk/k dks vkeuh; gksus ds dkj.k keu djus ls badkj fd;k & vfHkfu/kkZfjr & bl ekeys esa nhokuh eqdnesackth Hkh fo|eku Fkh tks ,d O;fDrxr vkSj bl laO;ogkj esa dksbZ lkoZtfud uhfr vUrxZLr ugha gS & dk;Zokgh tkjh j[kuk ,d csdkj dh dk;Zokgh gksxh & vfHk[kf.Mr dhA ?in la[;k 8 o 10?
;kfpdk Lohdkj dhA
.
2. The facts of the case are that a case was registered at Police Station Jalupura, Jaipur in regard to a property of hotel Kohinoor for which an agreement was made between the parties. The hotel was given only for management to the accused, but then the accused projected it to be a sale on a consideration and a sum of Rs. 1,60,000/- were shown to have been accepted for sale. According to the complainant, document pertaining to the sale of the property under the agreement and receipt was forged. Hence, pursuant to the aforesaid allegation case was registered. During the pendency of the criminal proceedings, a settlement was arrived at between the parties wherein reference of certain civil disputes between the parties apart from the criminal case has been made. The reference of the order of the Hon ble Apex Court dated 29.4.2004 has also been made therein. Thus, apart from the pendency of the criminal case, civil litigation was also pending between the parties in regard to the same property. On arriving at a settlement between the parties, a joint application was made by both the parties for dropping of the criminal proceedings as it was given out that the complainant is not intend to pursue the criminal proceedings further. The Court below accepted the application so far as offence under Section 420 I.P.C. is concerned, but refused to recognize compromise in regard to offence under Sections 467, 468, 471 and 120-B I.P.C. as those offences are not compoundable.
3. Learned counsel appearing for the accused petitioners as well as complainant jointly urged that the dispute being personal in nature between the two parties, thus looking to the aforesaid, this Court while exercising the powers under Section 482 Cr.P.C. can quash the criminal proceedings. To support the arguments, learned counsel for the petitioner makes a reference of the judgments of this Court as well as Hon ble Apex Court. It is urged that in the case of Jagdish Chanana & Ors. vs. State of Haryana & Anr. reported in JT 2008(4) SC 511, a matter registered under the provisions of Sections 419, 420, 465, 468, 469, 471, 472, 474 read with Section 34 of the I.P.C. was ordered to be dropped by quashing the FIR in view of the compromise arrived at between the parties. It is submitted by both the counsel for the accused and the complainant that in view of the aforesaid judgment, the criminal proceedings in the present matter may also be ordered to be dropped.
4. Learned counsel for the petitioners further placed reliance on the judgment of the Hon ble Apex Court in the case of B.S. Joshi & Ors. vs. State of Haryana & Anr. reported in 2003 R.C.C. (SC) 400. The reliance has further been placed on the judgment of this Court specifically on the judgment in the case of Majlis & Ors. vs. State of Rajasthan & Ors. and other tagged cases reported in 2007(1) Cr.L.R. (Raj.) 345 apart from the judgment in the case of Amit Kumar Pareek & Anr. vs. State of Rajasthan & Anr. report in 2006(2) Cr.L.R. (Raj.) 1665. The High Court exercising its jurisdiction under Section 482 Cr.P.C. is having inherent powers, thus the riders provided under Section 320 Cr.P.C. cannot come in the way more specifically when the matter has been compr
Surendra Nath Mohanti vs. State of Orissa (1999(5) SCC 238) 5
SupremeToday
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.