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Judgment
The present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No. 44/2018 registered at Police Station Muralipura, Jaipur for
offences under Sections 406, 420, 447, 427, 379, 120B IPC with all subsequent proceedings.
The learned counsel for the petitioner has submitted that the respondent complainant had lodged FIR that the petitioner having received Rs.14 Lakhs
as earnest money had not executed the sale-deed. A grievance of misappropriation of funds was made by the complainant.
Today, complainant Brajmohan @ Brijmohan Darji respondent no.2 is present in the court. He has been identified by Mr. Dharmendra Agarwal.
The complainant has stated that he has received the amount of earnest money by way of Demand Draft dated 16.2.2018, hence he is no longer
interested to pursue the present FIR and same can be quashed.
Photocopy of the Draft duly attested by Mr. MK Kaushik counsel for the petitioner is retained on record of the case.
The learned counsel for the parties have jointly relied upon Gian Singh vs. State of Punjab & Another, (2012) 10 SCC 303 to contend that where the
dispute is essentially private in nature, this Court while exercising powers under Section 482 Cr.P.C. can quash the FIR.
Accepting the joint prayer made by the learned counsel for the parties, considering that dispute between the parties is private in nature, and they in
order to promote ever lasting peace and harmony, have affected compromise and relying upon the observation made by Supreme Court in case of
Gian Singh (supra), the present petition is accepted and the impugned FIR is quashed alongwith all subsequent proceedings.