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Issues involved: Appeal against order dismissing application to quash FIR u/s 482 of CrPC for offences u/s 467, 468, 471, 420, 120-B IPC.
Summary: 1. Background: The appeal was filed against the High Court's order dismissing the application to quash FIR No. 45 of 2011, which alleged illegal disposal of plots through forged documents. 2. Brief facts: Accused No. 3 purchased plots allegedly disposed of illegally, leading to the filing of the FIR by the President of the Plot Owners' Association. 3. Contentions: Appellant sought to quash the FIR, but High Court's order was challenged in the Supreme Court. 4. Counter affidavit: Respondent No. 2 informed the Court that the Appellant, realizing he was a victim, disclaimed any rights over the plots and withdrew a civil suit, leading to a settlement. 5. Legal consideration: The FIR disclosed non-compoundable offences u/s 467, 468, 471, 420, 120-B IPC, raising the question of quashing under Section 482 of CrPC or Article 136 of the Constitution. 6. Precedent: Referring to a previous case, the Court emphasized that the High Court can quash prosecution even for non-compoundable offences if it serves the ends of justice. 7. Decision: Considering the settlement and the Appellant's actions, the Court quashed the FIR insofar as the Appellant was concerned, citing the need to secure justice and prevent abuse of the legal process. This judgment highlights the Court's power to quash prosecutions for non-compoundable offences under specific circumstances, emphasizing the importance of securing justice and preventing legal abuse.
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