CRLMP1985/2010 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Cr. Misc. Petition No.1985/2010 Rajesh Gupta and Another Vs. State of Rajasthan and Another Date of Order ::: 27.10.2010 Present Hon'ble Mr. Justice Mohammad Rafiq Shri Rakesh Kumar Sharma, Counsel for petitioners Shri Piyush Kumar, PP for State #### By the Court:- This petition under Section 482 has been filed by petitioners seeking quashment of F.I.R. No.228/2010 registered at Police Station Shyam Nagar, Jaipur, for offence under Section 448 IPC, which was lodged against petitioners by their brother Sita Ram Gupta. What is alleged in FIR is that petitioners committed offence under Section 448 (later on added Sections 453 and 380 IPC) of theft of certain articles and some jewellery items worth of Rs.80,000/- by breaking open their portion of residence when he had gone to attend some marriage. Contention of learned counsel for petitioners is that averments made in FIR are CRLMP1985/2010 // 2 // totally false because there was certain business dispute between the brothers and that through mediation of elders and relatives, family settlement was arrived at and a written settlement was signed between the parties on 31st December, 2009 in witness of various relatives. Learned counsel also referred to documents dated 16.05.2010 which was signed by all brothers in witness of certain persons, according to which complainant handed over vacant possession of disputed house to petitioners and, in lieu thereof petitioners vacated certain shops in Amber Tower. Learned counsel submitted that petitioners have produced affidavits of all the neighbours to prove these facts but police is not considering them. Learned Public Prosecutor opposed the petition and submitted that it was premature to allege that police would not consider relevant documents for arriving at correct conclusion. Petitioners should be required to approach concerning police authorities and produce all these documents for their consideration. Having regard to nature of controversy and dispute between brothers and that already complainant has handed over vacant possession CRLMP1985/2010 // 3 // of disputed part of house to petitioners, I deem it appropriate to direct Investigating Officer to take into consideration all these documents, which have been produced by petitioners before this court, and which they may produce before Investigating Officer. If necessary, petitioners may also approach concerning Superintendent of Police for fair investigation into the matter. With these observations, petition is dismissed. (Mohammad Rafiq) J. //Jaiman//