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2013 DIGILAW 770 (RAJ)

Bhawani Meena @ Bunti Meena v. State of Rajasthan

2013-04-17

R.S.CHAUHAN

body2013
JUDGMENT 1. - Mr. Bhawani Meena @ Bunti Meena, the petitioner, and Mr. Prateek Jain, the respondent, are present before this Court. 2. They have been identified by their respective Counsel. 3. According to the order dated 05.04.2013, Mr. Bhawani Meena @ Bunti had informed this Court that he has already filed applications before the learned trial Court, in cases under Section 138 of the Negotiable Instruments Act, for withdrawal of his complaint. He had further informed this Court that he would like to withdraw both the cases pending against Mr. Prateek Jain. 4. Today, the order dated 16.03.2013, and the order dated 06.04.2013 have been submitted before this Court passed by the learned trial Courts. Both these orders clearly show that the cases pending for offence under Section 138 of the Negotiable Instruments Act have been duly withdrawn by Mr. Bhawani Meena @ Bunti, the petitioner. 5. On 05.04.2013, this Court was informed by both the parties that they have entered into a compromise, and settled their disputes with regard to the offences under Sections 327 and 394 I.P.C. 6. Mr. Girish Khandelwal, the learned counsel for the petitioner, has relied on the case of Gian Singh v. State of Punjab & Another, [ (2012) 10 S.C.C. 303 ] , in order to support his plea that where the case is of commercial/mercantile nature, or the criminal case amounts to a personal offence between the parties, and in case the parties were to settle their disputes, then this Court can quash the F.I.R. in its inherent jurisdiction. 7. Considering the fact that both the parties have entered into a compromise and settled their disputes, considering the fact that the offence has been committed more in the personal capacity, than as an offence against the society, and also considering the principle established by the Apex Court in the case of Gian Singh [supra], in the interest of justice, this Court quashes the F.I.R., namely F.I.R. No. 248/2011, registered at Police Station, Mantown, Sawaimadhopur, for offences under Sections 327 and 394 I.P.C. 8. The petition is, hereby, allowed. 9. Upon disposal of the main petition, the stay application, filed therewith, does not survive; the same is also disposed of. *******