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2021 Supreme(Raj) 946

IN THE HIGH COURT OF RAJASTHAN
Pushpendra Singh Bhati, J.
Samir Khan @ Bunty - Appellant
Versus
State Of Rajasthan - Respondent
Criminal Miscellaneous (Petition) No. 2337 of 2021
Decided on : 10-08-2021

Advocates appeared:
Firoz Khan, Advocate, Vikram Sharma, Advocate, Sunny Changra, Advocate

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

Headnote:

Compromise - Criminal Proceedings - The court allowed the petition and quashed the FIR and entire proceedings pursuant to a compromise between the parties, invoking its inherent powers under Section 482 Cr.P.C., relying on the decision of Gian Singh Vs. State of Punjab & Anr. (2012) 10 SCC 303.

Fact of the Case:

The petitioner and respondent No.2 entered into a compromise in the ongoing criminal proceedings, and both parties were not inclined to proceed further.

Finding of the Court:

The court allowed the petition and quashed the FIR and entire proceedings pursuant to the compromise between the parties, invoking its inherent powers under Section 482 Cr.P.C.

Issues: Compromise in criminal proceedings, invocation of inherent powers under Section 482 Cr.P.C.

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, relying on 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 and entire proceedings pursuant thereto qua the petitioner are 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 petitioner and learned counsel for the respondent no.2 jointly submit that the petitioner and the respondent No.2 have entered into a compromise in the on-going criminal proceedings. It is thus submitted that the parties are not inclined to proceed further in the matter.

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. Learned Public Prosecutor states that the compromise has happened between the parties and the factum of such compromise is also reflected in the factual report of the I.O. furnished by the learned Public Prosecutor. The said factual report is taken on record.

5. In view of the compromise arrived at between the parties as well as the verification of factum thereof by the learned Public Prosecutor on the strength of 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.

6. Accordingly, the present misc. petition is allowed and the FIR No.158/2021 lodged at Police Station Udaimandir, Jodhpur, District Jodhpur for the offence under Sections 143, 323, 452, 386, 379, 354 & 365 of IPC read with Section 3(2)(VA) of SC/ST Act along with entire proceedings pursuant thereto qua the petitioner are hereby quashed.

7. Stay petition also stands disposed of.

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