- (1.) This criminal misc. petition under Section 482 Cr.P.C. has been filed by the petitioners with the prayer for quashing FIR No.51/2014 of Police Station, Swaroopganj, District Sirohi for the offence punishable under Section 379 I.P.C. on the basis of compromise arrived at between the petitioners and respondent No.2.
(2.) Brief facts of the case are that on 9.3.2014, the respondent No.2 filed a compliant at Police Station, Swaroopganj, District Sirohi with the allegation that a parcel containing mobile phones amounting to Rs. 1,83,454/- was booked from Jaipur in Dashmesh Cargo and on 4.2.2014 was unloaded at Local Franchise at Hariom Travels. It is alleged in the complaint that the said parcel containing 22 mobile phones was stolen on 4.2.2014 by some unknown person and today he came to know that the said parcel is lying in the laboratory of M/s Sanjay Medical Store, Swaroopganj. On receipt of the said complaint, the police registered impugned FIR No.51/2014 at Police Station Swaroopganj, District Sirohi for the offence punishable under Section 379 I.P.C.. During the pendency of investigation, the petitioners as well as the respondent No.2 entered into compromise and moved an application to the Superintendent of Police, Sirohi wherein the complainant has mentioned that parcel containing 22 mobiles was wrongly delivered at the shop of complainant and he has filed the complaint against the petitioners due to some misunderstanding and now he does not want to press the said complaint.
(3.) Learned counsel for the petitioners has submitted that the parcel of mobile has wrongly been delivered in the shop of petitioners and the petitioners have not committed the offence of theft as alleged in the FIR. It is contended that the misunderstanding between the petitioners and respondent No.2 has now been removed. It is further contended by the learned counsel for the petitioners that offence punishable under Section 379 I.P.C. is compoundable and complainant does not want to press the charges levelled against the petitioners in the impugned FIR, therefore, the same may be quashed by exercising powers under Section 482 Cr.P.C.;