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2021 Supreme(Raj) 948

IN THE HIGH COURT OF RAJASTHAN
Pushpendra Singh Bhati, J.
Ramesh Lakhotiya - Appellant
Versus
State Of Rajasthan - Respondent
Criminal Miscellaneous (Petition) No. 2533 of 2021
Decided on : 10-08-2021

Advocates appeared:
Vipin Makkad, Advocate, Mahipal Bishnoi, Advocate, V.R. Choudhary, Advocate

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

Headnote:

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

Fact of the Case:

The parties had entered into a compromise, which was verified by the concerned investigating officer and the Registrar (Judicial) of the Court.

Finding of the Court:

The court allowed the misc. petition and quashed the FIR and entire proceedings pursuant thereto, based on the compromise between the parties and the verification of the same, invoking its inherent powers under Section 482 Cr.P.C.

Issues: Quashing of FIR based on compromise

Ratio Decidendi: The court deemed it just and proper to invoke its inherent powers under Section 482 Cr.P.C. based on the compromise between the parties and the verification of the same, in line with the decision of Gian Singh Vs. State of Punjab & Anr. (2012) 10 SCC 303.

Final Decision: The present misc. petition is allowed and the FIR No.72/2021 lodged at Police Station Shri Vijaynagar, District Sri Ganganagar for the offences under Sections 323, 341, 143 of IPC along with entire proceedings pursuant thereto, qua the petitioners, is hereby 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 petitioners and learned counsel for the complainant/respondent No.2 to 4 jointly submit that the parties have already entered into a compromise.

3. The report dated 04.08.2021 regarding verification of the compromise done before the Registrar (Judicial) of this Hon'ble Court is on record.

4. Learned counsel for the parties jointly submit that the compromise in question has also been verified by the concerned investigating officer, which is also reflected from the factual report submitted by the learned Public Prosecutor. The said factual report is taken on record.

5. 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.

6. In view of compromise arrived at between the parties as well as the verification of factum thereof in the aforementioned report dated 04.08.2021 of the Registrar (Judicial) of this Hon'ble Court as well as in the aforementioned factual report, and applying the ratio in decision of Gian Singh Vs. State of Punjab & Anr. (supra), this Court deems it just and proper to invoke its inherent powers under Section 482 Cr.P.C.

7. Accordingly, the present misc. petition is allowed and the FIR No.72/2021 lodged at Police Station Shri Vijaynagar, District Sri Ganganagar for the offences under Sections 323, 341, 143 of IPC along with entire proceedings pursuant thereto, qua the petitioners, is hereby quashed.

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