SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2009 Supreme(Raj) 260

[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

Advocates Appeared
V.R. Bajwa, for Petitioner;
R.S. Rathore, P.P., for State;
S.S. Hora, for Complainant

Headnote:Cr.P.C., 1973, Sec. 482; Penal Code, Secs. 420, 467, 468, 471, 120-B — Continuing the criminal proceedings despite of compromise between the parties — Matter related to hotel property given for management to the accused — Projected it to be a sale — Filed criminal proceedings — During pending a settlement was arrieved — Acquitted the accused from the offence u/S. 420 IPC based on compromise it being compoundable but refused to compound offence u/S. 467, 468, 471, 120-B IPC being uncompoundable — Held — In the matter civil litigation also existed which is personal one and no public policy is involved in the transaction that had been entered into between the parties — To continue with the proceedings, would be a futile exercise — Quashed. (Paras 8 to 10)

       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

       .

Hon ble Bhandari, J.—These two Criminal Misc. Petitions have been filed to seek quashing of criminal proceedings in regard to the offence registered under Sections 420, 467, 468, 471 and 120B of Indian Penal Code (for short "I.P.C."). In Criminal Misc. Petition No. 535/2008, order dated 14.7.2006 has been challenged. In the order dated 14.7.2006 though the Court below acquitted the accused from the offence under Sections 420 I.P.C. based on compromise as said offence is compoundable, however, refused to compound the offence under Sections 467, 468, 471 and 120-B I.P.C. Thus, aggrieved by order dated 14.7.2006 as well as continuous of the criminal proceedings despite of the compromise between the parties, the petitioners have preferred these criminal misc. petitions.

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















Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
Judicial Analysis

SupremeToday

SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top