HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Criminal Miscellaneous (Petition) No. 3672/2018

Arun Sharma S/o Late Shri Dayakishan , R/o 146, Milap Nagar,

Durgapura, Jaipur (Raj.)

----Petitioner

Versus

1.

State Of Rajasthan , Through P.p.

2.

Abhinav Banthiya S/o Shri Mahendra Kumar B/c Jain , Aged

About 36 Years, R/o A-1, Ganesh Marg, Hawa Sadak, Jaipur

(Raj.) At Present Finance Chair, E.o. R.i.e. 2018, Jaipur (Raj.)

----Respondents

For Petitioner(s)

:

Mr. T.L. Pandey

For Respondent(s)

:

Mr. Pawan Sharma

For the State

:

Mr. Prakash Thakuria, P.P.

HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA

/ Order

06/07/2018

Instant petition has been preferred under Section 482

Cr.P.C. seeking quashing of impugned F.I.R. No.43/2018 dated

19.05.2018 registered at Police Station Cyber Crime, Jaipur City

(Jaipur) for offences punishable under Sections 43, 66, 66-C, 66-D of

the I.T. (Amended) Act, 2008 and under Sections 420, 467, 468 and

471 I.P.C.

Abhinav Banthiya, complainant/respondent No.2 is present

in person before this Court. He has been identified by his Counsel – Mr.

Pawan Sharma.

Complainant/respondent No.2, present in person, has stated

that the petitioner was employed as Manager, Entrepreneur

Organization. The petitioner was a Member of the admin staff of society

(2 of 3)

[CRLMP-3672/2018]

registered as Entrepreneur Organization. Complainant, present in

person has further stated that he was Finance Secretary of the Society.

In the F.I.R. complainant alleged that for organizing an event donations

were gathered and they were deposited in the bank account. Petitioner

without informing the office bearers of the society obtained A.T.M. Card

and withdrew Rs.thirty-five lakhs from the bank account unauthorizedly.

The complainant, who is finance secretary of the society has submitted

that the petitioner has returned the amount and the society no longer

intends to prosecute the petitioner as the matter has been amicably

resolved due to intervention of the office bearers of the society.

The learned counsels appearing for the parties have jointly

prayed that since the dispute has been amicably resolved, the criminal

case pending between the parties as well as impugned F.I.R. be

quashed.

I have heard the learned counsels appearing for the parties

and perused the contents of the instant petition.

It has been often held by the Courts that hour of the

compromise is the finest hour between the parties and the Court while

exercising its inherent jurisdiction under Section 482 Cr.P.C. can quash

the proceedings even qua non-compoundable offences.

Relying upon the case of Gian Singh Vs. State of Punjab

& Another [(2012) 10 S.C.C. 303], ld. counsel for the parties have

pleaded that this Court while exercising its inherent jurisdiction under

Section 482 Cr.P.C. ought to quash the criminal proceedings, which have

been amicably resolved.

Considering the fact that parties have amicably resolved

their dispute, the principle established by the Apex Court in the case of

Gian Singh [supra] and in the interest of justice, this Court, hereby,

quashes impugned First Information Report

No.43/2018 dated

19.05.2018 registered at Police Station Cyber Crime, Jaipur City

(3 of 3)

[CRLMP-3672/2018]

(Jaipur) for offences punishable under Sections 43, 66, 66-C, 66-D of

the I.T. (Amended) Act, 2008 and under Sections 420, 467, 468 and

471 I.P.C., along with all subsequent proceedings.

Resultantly, the petition is, hereby, allowed.

(KANWALJIT SINGH AHLUWALIA),J

ashok