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2021 Supreme(Raj) 487

IN THE HIGH COURT OF RAJASTHAN
Manoj Kumar Garg, J.
Manju Devi - Appellant
Versus
State - Respondent
Criminal Miscellaneous (Petition) No. 73 of 2021
Decided on : 01-04-2021

Advocates appeared:
Naresh Khatri, Advocate, Mool Singh Bhati, Advocate, Sheetal Kumbhat, Advocate

The court can invoke inherent powers under Section 482 Cr.P.C. to quash FIR and consequential proceedings based on compromise between the parties.

Headnote:

Compromise - Quashing of FIR - The court allowed the quashing of the FIR and all consequential proceedings based on the compromise between the parties, invoking inherent powers under Section 482 Cr.P.C.

Fact of the Case:

The petitioners filed a criminal misc. petition under Section 482 Cr.P.C. for quashing of FIR No.65/2020 based on a compromise between the parties.

Finding of the Court:

The court allowed the petition and quashed the FIR and all consequential proceedings based on the compromise between the parties, invoking inherent powers under Section 482 Cr.P.C.

Issues: Quashing of FIR and consequential proceedings based on compromise.

Ratio Decidendi: The court invoked inherent powers under Section 482 Cr.P.C. and relied on the decision of Gian Singh Vs. State of Punjab & Anr., (2012) 10 SCC 303, to allow the quashing of the FIR based on the compromise between the parties.

Final Decision: The court allowed the petition and quashed the FIR and all consequential proceedings based on the compromise between the parties, invoking inherent powers under Section 482 Cr.P.C.

JUDGMENT

Manoj Kumar Garg, J. - The application for early listing of the case is allowed for reasons stated therein and the matter is taken up today itself.

2. The instant criminal misc. petition under Section 482 Cr.P.c. has been filed by the petitioners for quashing of FIR No.65/2020 registered at Police Station Jaswantpura, District Jalore and all consequential proceedings for offence under Sections 447, 166, 166-A, 120B IPC and Sections 3(1)(f), 3(1)(g), 3(2)(va) of SC/ST Act on the basis of compromise arrived at between the parties.

3. Counsel for the petitioners submits that the matter has already been compromised between the parties and it is borne out from the compromise that respondent No.2-complainant is not inclined to proceed further in the matter. Counsel has placed reliance on a decision of Supreme Court in the case of Gian Singh Vs. State of Punjab & Anr., (2012) 10 SCC 303. In these circumstances, the impugned FIR and all consequential proceedings may be quashed on the basis of compromise.

4. Counsel for the respondents No.2-complainant appearing concurs the fact of compromise and submits that in view of the compromise, the respondents No.2-complainant does not want to proceed further in the matter.

5. In view of compromise arrived at between the parties and applying the ratio in decision of Gian Singh (Supra), I deem it just and proper to invoke inherent powers of this Court under Section 482 Cr.P.C.

6. Accordingly, the present misc. petition is allowed and the FIR No.65/2020 registered at Police Station Jaswantpura, District Jalore and all consequential proceedings for offence under Sections 447, 166, 166-A, 120B IPC and Sections 3(1)(f), 3(1)(g), 3(2)(va) of SC/ST Act lodged against the petitioners are hereby quashed on the basis of compromise deed.

7. Stay application is also decided.

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