- (1.) This Criminal Misc. Petition has been filed under Section 482 Cr.P.C. for quashing the criminal proceeding of case No.07/2013 pending before the Court of A.C.J.M. (Sr.Div.), No.2, Jaipur Metropolitan City, Jaipur arising out of FIR No.5/2012 registered at PS SOG, Jaipur for offence u/ss 420, 465, 468 & 120B IPC and Section 66-D of the Income Tax Act on the ground that the matter has been compromised between the parties.
(2.) The short facts relevant for disposal of the Misc. Petition are that respondent No.2-complainant lodged an FIR alleging that the present petitioner has grabbed the amount of Rs.17,03,354/- from the complainant. On which a case has been registered under Sections 420, 465, 468 & 120B IPC and Section 66-D of the Income Tax Act, at Police Station, Special Operation Group(SOG), Rajasthan, Jaipur and after investigation charge-sheet has been filed against the present petitioner and others and for some accused persons still investigation is pending under Section 173(8) Cr.P.C. During the proceedings before the court below, the complainant and present petitioner have submitted a compromise before the Court below which was declined by the court below on the ground that a grave offence has been committed by the present petitioner which had wide implications and the permission for compromise has been declined, hence, this petition.
(3.) The contention of the present petitioner is that the matter has been compromised between the parties and money has been paid to the complainant, the proceedings should be quashed on the ground of compromise.;