Advocates:
['VINEET JAIN', 'PP', '', 'BHAGAT DADHICH']

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

AT JODHPUR

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CRIMINAL MISC(PET.) (CRLMP) No. 2578 of 2016

PETITIONERS:

1. Shambhu Lal S/o Bhanwar Lal, by caste Gurjar,

Resident of Leva Ki Bhagal, Kanadev Ka Guda,

Rajnagar, District Rajsamand (Raj.).

2. Narayan Lal S/o Bhanwar Lal, by caste Gurjar,

Resident of Leva Ki Bhagal, Kanadev Ka Guda,

Rajnagar, District Rajsamand (Raj.).

3. Manoj Puri S/o Yashwant Puri, by caste Goswami,

Resident of Jawad, Kankroli, District Rajsamand

(Raj.).

4. Pradip S/o Bhanwar Lal Paliwal, by caste Paliwal,

Resident of Jawad, Kankroli, District Rajsamand

(Raj.).

VERSUS

RESPONDENTS:

1. The State of Rajasthan.

2. Laxmi Narayan S/o Hariram Paliwal, by caste Paliwal,

Resident of Jawad, Kankroli, District Rajsamand

(Raj.).

Date of Order : 17.9.2016

HON'BLE MR. SANDEEP MEHTA,J.

MR. KS LODHA, for the petitioner

MR. MS PANWAR, P.P.

MR. BHAGAT DADHICH, for the respondent No.2

ORDER

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Issue notice. Learned Public Prosecutor accepts

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notice for the State. Learned counsel Shri Bhagat

Dadhich appears for the respondent No.2 complainant.

With the consent of learned counsel for the

parties, the misc. petition is being heard and decided

today itself.

By way of this misc. petition, the petitioners have

approached this Court seeking quashing of the FIR

No.249/2016 registered at the Police Station Rajnagar,

District Rajsamand for the offences under Sections 420,

467, 468, 471 and 120B IPC on the basis of a

compromise arrived at between the parties.

Learned counsel for the petitioners submits that

the matter, which is essentially in the nature of a civil

dispute arising out of rival claims over property, has

been compromised between the parties. He thus

submits that the proceedings should be quashed on the

strength of the said compromise.

Shri Bhagat Dadhich, learned counsel representing

the complainant verifies the fact that the parties have

arrived at a compromise and thus, concedes that the

impugned F.I.R. may be quashed in light of the

compromise.

Learned Public Prosecutor does not object to the

above submissions.

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In this background and keeping in view the

guidelines issued by the Hon'ble Apex Court in the case

of Gian Singh Vs. State of Punjab & Anr. reported

in JT 2012(9) SC-426, it is apparent that further

continuance of the impugned FIR and investigation

thereof against the petitioners cannot be said to be

expedient in the interest of justice. If the proceedings

of the FIR impugned are allowed to continue, it may

result into the compromise being unsettled.

Accordingly, the misc. petition is allowed and the

F.I.R. No.249/2016 registered at the Police Station

Rajnagar, District Rajsamand and all proceedings

undertaken in pursuance thereto are hereby quashed.

Stay petition is also disposed of.

( SANDEEP MEHTA ),J.

/tarun/