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2011 DIGILAW 831 (RAJ)

Kishori Lal v. State of Rajasthan Thro’ Public Prosecutor

2011-04-27

RAGHUVENDRA S.RATHORE

body2011
JUDGMENT 1. - This misc. petition has been filed for quashing of the First Information Report (165/2004) registered at Police Station Vigyan Nagar, Distt. Kota for the offence under Sections 420, 406 I.P.C. 2. The learned counsel for the petitioners has at the very outset submitted that in view of the amendment made by the Code of Criminal Procedure (Amendment) Act, 2008 (5 of 2009), the provisions of Sections 420 and 406 I.P.C. have become compoundable with the permission of the Court. He has further submitted that both the parties have entered into a compromise in the present case, wherein the dispute primarily related to a commercial transaction between the parties. In support of his submissions, he has place reliance on the case of Jagdish Chanana & Ors. v. State of Haryana & Anr., (2008) 15 SCC 704 . 3. The learned counsel for the complainant has not controverted the factual position in respect of the aforesaid submissions made by the counsel for the petitioner. 4. In view of the above, I deem it just and proper to allow this misc. petition. Accordingly, the misc. petition is allowed and it is ordered that the F.I.R. No. 165/2004 registered at Police Station Vigyan Nagar, Distt. Kota, be quashed and set aside.Petition allowed. *******