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2021 DIGILAW 2257 (RAJ)

Amandeep v. State of Rajasthan, Through S. H. O.

2021-12-01

VINIT KUMAR MATHUR

body2021
JUDGMENT [S.B. Criminal Misc (Pet-) No. 4058/2021] 1. The present misc. petition has been filed for quashing the FIR No.0144/2020 dated 13.03.2020, qua the petitioner registered at Police Station Jawahar Nagar, District Ganganagar for the offences under Sections 406, 418, 419, 420 and 120-B of IPC. 2. Heard learned counsel for the parties. 3. Learned counsel for the petitioner submits that the parties have compromised the matter outside the Court. The compromise deed is placed on record. 4. Learned counsel for the petitioner submits that some of the loan amount of the Punjab National Bank has been repaid. He also undertakes that rest of the amount due towards the loan shall be paid by them at the earliest possible. 5. The fact of compromise is not disputed by learned counsel appearing for the respondent No.2. 6. Learned counsel for the petitioner has relied upon the judgment of the Hon'ble Supreme Court in the case of Gian Singh vs. State of Punjab, (2012) 10 SCC 303 , State of M.P. V/s Laxmi Narayan & Ors. [ AIR 2019 SC 1296 ] & Ram Gopal and Ors. Vs. State of Madhya Pradesh (Criminal Appeal No. 1489 and 1488 of 2012 decided on 29.09.2021) and prays that since the matter has been compromised, the FIR may kindly be quashed. 7. In view of the aforementioned compromise arrived at between the parties and considering the fact that the compromise is not disputed by learned counsel for the respondent as also applying the law laid down in Gian Singh vs. State of Punjab (Supra), State of M.P. V/s Laxmi Narayan & Ors. (Supra) & Ram Gopal and Ors. Vs. State of Madhya Pradesh (Supra)this Court deems it just and proper to invoke inherent powers under Section 482 Cr.P.C. 8. Accordingly, the present misc. petition is allowed and the impugned FIR No.0144/2020 dated 13.03.2020, qua the petitioner registered at Police Station Jawahar Nagar, District Ganganagar for the offences under Sections 406, 418, 419, 420 and 120-B of IPC is quashed and set aside. 9. It is noted that the petitioner has taken loan from the Punjab National Bank, Branch Beerbal Chowk, Ganganagar and the amount of loan is still outstanding against the petitioner. It is made clear that the order passed in this case shall not effect the proceedings undertaken by the bank for the recovery of loan amount due from the petitioner or the complainant. It is made clear that the order passed in this case shall not effect the proceedings undertaken by the bank for the recovery of loan amount due from the petitioner or the complainant. [S.B. Criminal Misc(Pet-) No. 4039/2021] 10. The present misc. petition has been filed for quashing the FIR No.0084/2020 dated 05.03.2020, qua the petitioner registered at Police Station Sadar Ganganagar, District Ganganagar for the offences under Sections 420, 467, 468, 471 and 120-B of IPC. 11. Heard learned counsel for the parties. 12. Learned counsel for the petitioner submits that the parties have compromised the matter outside the Court. The compromise deed is placed on record. 13. Learned counsel for the petitioner submits that some of the loan amount of the Punjab National Bank has been repaid. He also undertakes that rest of the amount due towards the loan shall be paid by them at the earliest possible. 14. The fact of compromise is not disputed by learned counsel appearing for the respondent No.2. 15. Learned counsel for the petitioner has relied upon the judgment of the Hon'ble Supreme Court in the case of Gian Singh vs. State of Punjab, (2012) 10 SCC 303 , State of M.P. V/s Laxmi Narayan & Ors. [ AIR 2019 SC 1296 ] & Ram Gopal and Ors. Vs. State of Madhya Pradesh (Criminal Appeal No. 1489 and 1488 of 2012 decided on 29.09.2021) and prays that since the matter has been compromised, the FIR may kindly be quashed. 16. In view of the aforementioned compromise arrived at between the parties and considering the fact that the compromise is not disputed by learned counsel for the respondent as also applying the law laid down in Gian Singh vs. State of Punjab (Supra), State of M.P. V/s Laxmi Narayan & Ors. (Supra) & Ram Gopal and Ors. Vs. State of Madhya Pradesh (Supra) this Court deems it just and proper to invoke inherent powers under Section 482 Cr.P.C. 17. Accordingly, the present misc. petition is allowed and the impugned FIR No.0084/2020 dated 05.03.2020, qua the petitioner registered at Police Station Sadar Ganganagar, District Ganganagar for the offences under Sections 420, 467, 468, 471 and 120-B of IPC is quashed and set aside. 18. It is noted that the petitioner has taken loan from the Punjab National Bank, Branch Beerbal Chowk, Ganganagar and the amount of loan is still outstanding against the petitioner. 18. It is noted that the petitioner has taken loan from the Punjab National Bank, Branch Beerbal Chowk, Ganganagar and the amount of loan is still outstanding against the petitioner. It is made clear that the order passed in this case shall not effect the proceedings undertaken by the bank for the recovery of loan amount due from the petitioner or the complainant.