- (1.) This criminal misc. petition under Section 482 Cr.PC. has been filed for quashing the Cr.Case No. 787/2005 pending in the Court of Judicial Magistrate No. 11, Jaipur City, Jaipur. Petitioner M/s. Parwal Finvest Pvt. Ltd. filed a complaint against respondent Lok Housing and Constructions Ltd. in the said court. After investigation, negative final report was submitted but on a protest petition being filed by the petitioner cognizance was taken by the learned Magistrate for offences under Sections 420, 406 and 120-B IPC on 30.7.2005 against the respondent.
(2.) Subsequently, the parties entered into a compromise as reflected in Annexure. A and pursuant thereto payment of a sum of Rs. 19,86,707/- towards the full and final settlement of the claim was made through Demand Draft to the petitioner in the court today. Thus, the parties have no dispute left.
(3.) In view of above, learned counsel for the parties have jointly submitted that Cr. Case No. 787/2005 pending in the court of Judicial Magistrate No. 11, Jaipur City, Jaipur may be quashed in view of final settlement of the parties to avoid further bitterness and multiplicity of proceedings between them as the offences involved are at best technical offences which have also been finally settled between the parties. They have referred to the cases of B.S. Joshi and Ors. v. State of Haryana and another, 2003 (1) WLC (SC) Cri. 579: 2003 R.C.C. (SC) 400 and Phiroze Oinshaw Lam and ors. v. Union of India and ors., (1996) 8 SCC 209 lave contended that the High Court in its inherent jurisdiction in exercise of Dowers under section 482 Cr.PC. can quash the criminal case/proceedings/ 'IR/complaint and even the provisions of Section 320 Cr.PC. which govern compounding of offences does not limit or adversely affect the powers of the High Court under Section 482 Cr.P.C.;