JUDGMENT 1. - S.B. Cri. Misc. Petition No. 367/2009, Karan Chand Jain & Ors. v. State & Anr. S.B. Criminal Misc. Petition No. 367/2009 has been preferred by Karan Chand Jain, his son Manish Jain and daughter Amita Jain against State of Rajasthan and Madhukar Dosi-respondent No. 2. 2. In the present petition, a prayer has been made that the order dated 31.5.2008 passed by Additional Chief Judicial Magistrate No. 3, Jodhpur in Criminal Misc. Case No. 616/2007, whereby charges were framed against the petitioners for offences under Sections 420/406, 407, 467, 468 and 471 be quashed along with the order dated 26.11.2008 passed by Additional Sessions Judge No. 3, Jodhpur.S.B. Cr. Misc. Petition No. 2401/2011, Sushil Mathur v. Madhukar Dosi 3. S.B. Criminal Misc. Petition No. 2401/2011 has been preferred by Sushil Mathur, co-accused of Karan Chand Jain and his children praying that the proceedings arising out of F.I.R. No. 230/2003 registered at Police Station Shastri Nagar, Jodhpur for the offence under Sections 420, 406, 407, 467, 468, 471 and 120-B I.P.C., be quashed along with order passed by Judicial Magistrate No. 3, whereby cognizance was taken against the petitioner for offence under Section 229-A of the Indian Penal Code along with the order passed by the Additional Sessions Judge No. 1, Metropolitan Jodhpur.S.B. Cr. Misc. Petition No. 2402/2011, Karan Chand Jain & Ors. v. Madhukar Dosi 4. S.B. Criminal Misc. Petition No. 2402/2011 has been preferred by Karan Chand against Madhukar Dosi to assail the order dated 11.4.2009, whereby cognizance under Section 229-A I.P.C. was taken against the petitioner.S.B. Cr. Misc. Petition No. 2398/2011, Manish Jain v. Madhukar Dosi 5. S.B. Criminal Misc. Petition No. 2398/2011 has been preferred by Manish Jain, to assail the order, whereby cognizance was taken against him for the offence under Section 229-A of the Indian Penal Code.Facts of Case 6. Briefly stated, Madhukar Doshi-respondent No. 2 had lodged F.I.R. No. 230/2003 dated 7.7.2003 registered at Police Station Shastri Nagar, Jodhpur, wherein he had alleged that Karan Chand, his son and his daughter had agreed to sell three plots belonging to them and later having received the earnest money, they have not executed the sale deed, therefore, had committed various offences amounting to cheating and fraud. 7.
7. During the course of the trial, along with Shri Karan Chand Jain, his son Manish Jain and his daughter Amita Jain and Sushil Mathur had not appeared before the trial Court, hence, cognizance for the offence under Section 229-A was also taken against them.Compromise 8. Today, a joint compromise deed between Karan Chand Jain and Madhukar Dosi has been filed before this Court, in which it is stated that the matter has been amicably resolved and the complainant Madhukar Dosi no longer intend to pursue the litigation arising out of the F.I.R. No. 230/2003 registered at Police Station Shastri Nagar, Jodhpur. It is further stated in the compromise that Shri Madhukar Dosi has received a total sum of Rs. 43,00,000/- in connection with three plots, which were agreed to be sold to him. 9. The compromise is taken on record as Annexure A and the same be read as part of this order. 10. Shri Madhukar Dosi-complainant is present in person. He is identified by his counsel Shri S.D. Purohit. 11. Shri S.D. Purohit, learned counsel, on instructions from Shri Madhukar Dosi, has submitted that in order to promote harmony, cordial relations between the parties, case F.I.R. No. 230/2003 dated 7.7.2003 registered at Police Station Shastri Nagar, Jodhpur be quashed along with all subsequent proceedings. 12. I have perused the contents of F.I.R. and the deed of the compromise. 13. The dispute between the parties is essentially civil in nature, as non-execution of sale deed in pursuance of agreement to sell vest right in complainant to file suit for specific performance, but without commenting upon the merits of the case/since the parties have buried their hatchet and agreed to maintain cordial relations, this Court is of view that the continuation of the proceedings will serve no useful purpose. 14. Consequently, S.B. Criminal Misc. Petition No. 367/2009 is accepted and the impugned F.I.R. along with all subsequent proceedings is quashed. 15. Since, the proceedings arising out of the impugned F.I.R. have been quashed, further continuation of proceedings for offence under Section 229-A I.P.C. will be an exercise in futility. 16. Consequently, the order taking cognizance of offence under Section 229-A against Karan Chand Jain, Manish Jain, Amita Jain and Sushil Mathur is also quashed.In view of the quashing of the main proceedings, all applications filed therein are also stand disposed of.Petition disposed of. *******