VIJAY BISHNOI,J. - (1.) These criminal misc. petitions under Section 482 Cr.P.C., 1973 are filed by the petitioners with a prayer for quashing of FIR No.126/2013 of Police Station Kudi Bhagtasani, District Jodhpur for the offences punishable under Sections 420, 406, 467, 468 and 471 IPC on the basis of compromise arrived at between the parties.
(2.) In the impugned FIR, the respondent No.2- Mr. Rikhab Mehta S/o Late Shri Mohnaraj Mehta has alleged that a piece of land situated in Khasra No.138 and 311/1 of Kudi Bhagtasani was purchased by his son Akash Mehta from the Khatedars in the year 1989 through a registered sale deed. It is stated that his son Akash Mehta is residing in Dubai, however, when the complainant visited the land, he found that some persons are raising construction on the said land and on enquiry he came to know that they have purchased the said land through a registered sale deed. On further enquiry, he found that accused Babu Lal Meena had sold the said plot to some other persons on the basis of a forged power of attorney executed in his favour by his son Akash Mehta. It is also alleged that the petitioner - Laxmi Chand and Vinod Sharma are the witnesses of the said power of attorney.
(3.) The investigation into the impugned FIR is going on, however, in the meantime the petitioners and the respondent No.2 have arrived at a compromise and now the petitioners have filed these criminal misc. petitions for quashing of impugned FIR on the basis of said compromise. The police have also verified the said compromise, however, refused to close the case on the ground that the compromise arrived at between the parties cannot be relied upon for closing of the case as from the evidence collected during the course of the investigation, prima facie involvement of the petitioners in the commission of crime is established.;