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Judgment
By this common order, SBCRLMP No.6094/2018 preferred by Chouthmal Saini and Smt. Mohan Devi against State of Rajasthan and Saiyed Kuraishi
shall be decided alongwith SBCRLMP No.5809/2018 instituted by Saiyad Qureshi against State of Rajasthan and Chothmal Saini.
In S.B. Cr. Misc. Petition No. 6094/2018 filed under Section 482 Cr.P.C. quashing of proceedings arising out of FIR No.94/1994 registered at Police
Station Galta Gate, Jaipur for offences punishable under Sections 420, 467, 468, 471 and 120B IPC has been sought, whereas, in S.B. Cr. Misc.
Petition No. 5809/2018 quashing of proceedings arising out of FIR No.82/2004 registered at Police Station Galta Gate, Jaipur for offences punishable
under Sections 420, 467, 468, 469, 471 and 120B IPC has been prayed for. Chouthmal Saini and Saiyad Qureshi are present in the Court. They have
been identified by their respective counsel.
Chouthmal Saini who is present in the court has stated that regarding sale of the land, an agreement to sell was executed. Chouthmal Saini has made a
grievance that sale consideration was not paid and even cheques given by Saiyad Qureshi on presentation had bounced. Thus, it was alleged that
Saiyad Qureshi committed offences punishable under Sections 420, 467, 468, 469, 471 and 120B IPC. Saiyad Qureshi in the FIR lodged by him made
a grievance that title of Chouthmal Saini was defective, hence, he was cheated.
Mr. Rajneesh Gupta counsel appearing for Saiyad Qureshi and Mr. Rajesh Kumari Saini counsel appearing for Chouthmal Saini and Smt. Mohan Devi
have jointly prayed that on the basis of compromise arrived between the parties, both the impugned FIRs be quashed. Learned counse for the parties
have contended that the compromise was presented before the trial court and the said compromise was accepted by the trial court qua compundable
offences only. It is contended that Chouthmal Saini has received the outstanding amount. It is further submitted that after acquittal of Saiyad Qureshi
qua offence under Section 138 of N.I. Act appeal preferred assailing the acquittal has been withdrawn by Chouthmal Saini.
Saiyad Qureshi who is present in the court has stated that he has paid remaining amount and sale-deed has been executed in his favour and no dispute
is pending between the parties. Chouthmal Saini the complainant of FIR No.82/2004 and Saiyad Qureshi complainant of FIR No.94/1994 both
registered at Police Station Galta Gate, Jaipur have jointly submitted that they no longer intend to pursue the FIRs lodged by them.
The learned counsel for the parties have jointly relied upon Gian Singh vs. 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.
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. Consequently, taking totality of circumstances, and ratio of law laid in
the case of Gian Singh (supra), both the petitions are accepted and the impugned FIRs (FIR No.94/1994 registered at Police Station Galta Gate, Jaipur
for offences under Sections 420, 467, 468, 471 and 120B IPC and FIR No.82/2004 registered at Police Station Galta Gate, Jaipur for offences under
Sections 420, 467, 468, 469, 471 and 120B IPC) along with all subsequent proceedings are quashed.