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Judgment
Amended cause title filed by the learned counsel for the petitioners is taken on record.
The present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No. 23/2000 registered at Police Station Vaishali Nagar, Jaipur for the offences under Sections 420, 467, 468, 471 and 120B IPC.
This Court on 28.11.2018 had passed the following order:-
"In the present petition quashing of FIR has been sought on basis of compromise. Counsel for the petitioner has contended that matter has been amicably resolved. At first instance, Investigating Officer is directed to verify the factum of compromise and submit a report to this court.
To await appearance of Investigating Officer along with his report regarding the factum of compromise, list the present petition on 19.12.2018.
Meanwhile, petitioner is permitted to file the amended cause title in the Registry.
Copy of this order be handed over to Mr. Prakash Thakuriya, ld. PP, under the seal and signature of Court Master for onward transmission and necessary compliance."
In pursuance of the aforesaid order, Sub-Inspector, Bharwar Singh, Police Station Vaishali Nagar, Jaipur is present in the court. He has identified Kanhaiya Lal, Nathi Devi w/o Late Banwari Lal, Rajni, Shakuntala Devi and Gulab Chand.
In the present case, FIR was lodged by Rajni, Shakuntala, Kanhaiya Lal and Banwari Lal. Banwari Lal during the pendency of the proceedings has expired. Banwari Lal is survived by his wife Nathi Devi and a son Surendra. In the complaint, all the above complainant have made a grievance that they purchased the land but the accused refused to give possession on the ground that the documents in favour of the complainant were forged and fabricated documents.
Learned counsel for the petitioners has submitted that a compromise has been affected between the parties and the amount paid by them towards purchase of the land has been returned.
As per amended cause title, Kanhaiya Lal, Smt. Nathi Devi w/o Late Banwari Lal, Rajni, Smt. Shakuntala and Gulab Chand present in the court, have stated that since to their satisfaction amount has been returned by the accused, they no longer intend to pursue the FIR. They have also stated that Surendra son of Smt. Nathi Devi has also given consent to facilitate the quashing of FIR.
Govindram husband of Late Savitri Devi is also present in the Court. He has stated that his four sons have also given the consent that quashing of FIR be facilitated.
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.
Considering that the trial court had accepted the compromise qua offence under Section 420 IPC vide order dated 4.8.2018 (Annexure-6), and the dispute between the parties is private in nature, and ratio of law laid in the case of Gian Singh (supra), the present petition is accepted and the impugned FIR along with all subsequent proceedings is quashed, with liberty to the legal heirs of Late Banwari Lal and Late Savitri Devi, respondent nos. 3 and 4, respectively to approach this Court for recall of this order in case they have not given consent to compromise arrived between the parties.