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2021 Supreme(Raj) 914

IN THE HIGH COURT OF RAJASTHAN
Pushpendra Singh Bhati, J.
Hatam - Appellant
Versus
State Of Rajasthan - Respondent
Criminal Miscellaneous (Petition) No. 3459 of 2021
Decided on : 11-08-2021

Advocates appeared:
Hemant Solanki, Advocate, Arun Kumar, Advocate, Naresh Tak, Advocate

The court can invoke its inherent powers under Section 482 Cr.P.C. to quash FIR and proceedings based on a compromise between the parties, in line with the decision in Gian Singh Vs. State of Punjab & Anr. (2012) 10 SCC 303.

Headnote:

Compromise - Criminal Procedure - The court invoked its inherent powers under Section 482 Cr.P.C. to quash the FIR and proceedings based on a compromise between the parties, relying on the decision in Gian Singh Vs. State of Punjab & Anr. (2012) 10 SCC 303.

Fact of the Case:

A compromise was reached between the parties, verified by the learned Public Prosecutor and investigating officer, in a case involving offences under Sections 143, 341, 323, 354, 509 of IPC.

Finding of the Court:

The court allowed the petition and quashed the FIR and proceedings based on the compromise and the application of the decision in Gian Singh Vs. State of Punjab & Anr.

Issues: Validity of invoking inherent powers under Section 482 Cr.P.C. based on a compromise between the parties.

Ratio Decidendi: The court deemed it just and proper to invoke its inherent powers under Section 482 Cr.P.C. based on the compromise and the decision in Gian Singh Vs. State of Punjab & Anr.

Final Decision: The present misc. petition was allowed, and the FIR and proceedings were quashed.

JUDGMENT

Pushpendra Singh Bhati, J. - In wake of second surge in the COVID-19 cases, abundant caution is being maintained, while hearing the matters in Court, for the safety of all concerned.

2. Learned counsel for the parties jointly submit that a compromise has been arrived at between the parties, which factum is also reflected in the report submitted before this Court in pursuance of the order dated 23.07.2021. Thus, the learned Public Prosecutor also verifies the factum of such compromise. The said factual report is taken on record.

3. Learned counsel for the parties have placed reliance on a decision of Supreme Court in case of Gian Singh Vs. State of Punjab & Anr, (2012) 10 SCC 303.

4. In view of compromise arrived at between the parties as also the verification of factum of such compromise by the learned Public Prosecutor as well as the concerned investigating officer, as discernible from the aforesaid report, and applying the ratio of the decision in Gian Singh Vs. State of Punjab & Anr. (supra), this Court deems it just and proper to invoke inherent powers of this Court under Section 482 Cr.P.C.

5. Accordingly, the present misc. petition is allowed and the FIR No.95/2021 registered at Police Station Nagorit Gate, Jodhpur City (East) for the offences under Sections 143, 341, 323, 354, 509 of IPC alongwith the entire proceedings pursuant thereto is hereby quashed.

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