RAMLAL GOCHAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This petition has been filed under Sec. 482 Cr.P.C for quashing of FIR No. 31/2020 registered at Police Station Kaprain, District Bundi for the offences under Ss. 420, 467 and 468 IPC.

(2.) Heard Learned counsel for both the sides and perused the material available on record.

(3.) Learned counsel for the petitioner submits that though the earlier SB CRLMP No. 1607/2020 filed for quashing of the said FIR has been dismissed by this Court but subsequently compromise has been arrived at between the parties hence, in changed circumstances, this second petition has been filed by the accused- petitioner which is maintainable in view of the judicial pronouncements in Vinod Kumar IAS Vs. Union of India [2021 (4) CTC 495]; Supt. and Remembrancer of Legal Affairs Vs. Mohan Singh [(1975) 3 SCC 706]; Anil Khadkiwala Vs. State (Govt. of NCT of Delhi) and Anr. [(2019) 17 SCC 294]; Shri Rameshwar Devi Vs. State of Rajasthan through Public Prosecutor [SB CRLMP No. 3162/2015]; Prithvi Singh Vs. State of Rajasthan and Anr. [SB CRLMP No. 661/2016]; Balbir Singh Vs. State of Rajasthan [CRLR No. 420 of 2016]; Nijnam Meena Vs. State of Rajasthan [SB CRLMP No. 3376/2017]. He further submits that the petitioner has not committed any cognizable offence. He has not forged any document whatsoever. At the most, it can be said that false information has been given by him in the nomination form which cannot be termed as cheating or forgery. The election petition filed against the present petitioner has already been withdrawn. Compromise has been arrived at between the contesting parties. The impugned FIR deserves to be quashed. He has placed reliance on the following judicial pronouncements ' Amita Maria Das & Anr. Vs. State of Maharashtra & Anr. [Criminal Appeal No. 199/2018]; Gian Singh Vs. State of Punjab & Anr. [Criminal Appeal No.. 2107-125/2011]; Pawan Singh Naruka Vs. State of Rajasthan & Anr. [SB CRLMP No. 6920/2018]; Munshi Ram Tutlani & Ors. Vs. State of Rajasthan & Anr. [SB CRLMP Nos. 534/2008 & 535/2008]; Ritesh Kedia & Anr. Vs. State of Rajasthan [SB CRLMP No. 2717/2021]; Deep Chand Maheshwari Vs. State of Rajasthan [SB CRLMP No. 3542/2021]; Prabhatbhai Ashir Vs. State of Gujarat [(2017) 9 SCC 641]: (2018) 1 SCC (Cri) 1: 2017 SCC online SC 1189; Hridaya Ranjan Prasad Verma Vs. State of Bihar [(2000) 4 SCC 168]; Harmanpreet Singh Ahluwalia & Ors. Vs. State of Punjab & Ors. [(2009) 7 SCC 712]; ARCI Vs. Nimra Cerglass Technics (P) Ltd. [(2016) 1 SCC 348]; State of Haryana Vs. Bhajanlal and Ors. [AIR 1992 SC 604]; Mohd. Ibrahim Vs. State of Bihar [(2009) 8 SCC 751].