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2013 DIGILAW 1909 (RAJ)

Himanshu Tiwari v. State of Rajasthan

2013-10-31

NISHA GUPTA

body2013
JUDGMENT 1. - The Misc. Petition under Section 482 Cr. P.C has been filed for quashing F.I.R. No. 187/2011 P.S. Sodala, Jaipur City (South) for offence under Sections 467, 468, 471 and 120-B in terms of compromise entered into between the parties. 2. The short facts of the case are that an F.I.R. No. 187/2011 has been lodged by respondent No. 2 P.S. Sodala, Jaipur City (South) for offence under Sections 467, 468, 471 and 120-B. After registering the aforementioned F.I.R., the parties have entered into a compromise. An application has been filed by complainant before Police Commissioner, Jaipur Metropolitan, Jaipur but nothing has been done on the basis of the compromise by the Investigating Officer. 3. The only contention of the Counsel for the petitioners is that when the matter has been compromised between the parties, the F.I.R. should be quashed and reliance has been placed on Majlis & Ors. v. State of Raj. & Ors., 2007(1) RLR 325 . The learned Counsel for the petitioners contended that under the inherent powers, even if an offence is not compoundable under Sections 467, 468, 471 and 120-B I.P.C. even then offence can be compounded on the basis of compromise reached between the parties. The learned Counsel has further contended that in catena of cases, the Hon'ble Supreme Court is of the opinion that in case the offence is more in the nature of personal wrong, rather than the wrong against the public at large, then the case can be compounded if the parties were to reach a compromise. 4. The Counsel for the respondent is also agreeable to the fact. 5. Considering the fact that the offence alleged against the petitioners is more in the nature of personal wrong, rather than a threat to the society at large, considering the fact that parties have entered into a compromise, considering the statement given by the complainant mentioned above, this Court is of the opinion that the offence under Sections 467, 468, 471 and 120-B should be compounded.Consequently, the petition is hereby allowed and the impugned F.I.R., F.I.R. No. 187/2011, P.S. Sodala, Jaipur City (South) for offence under Sections 467, 468, 471 and 120-B I.P.C. is hereby quashed and set aside.Petition allowed. *******