IN THE HIGH COURT OF RAJASTHAN
Pushpendra Singh Bhati, J.
Jayram Kalal - Appellant
Versus
State Of Rajasthan - Respondent
Criminal Miscellaneous (Petition) No. 3212 of 2021
Decided on : 03-08-2021
Inherent Powers - Compromise in Criminal Case - The court invoked its inherent powers under Section 482 Cr.P.C. to quash the criminal case based on the compromise between the parties, verified by the learned Public Prosecutor and applying the ratio in the decision of Gian Singh Vs. State of Punjab & Anr. (2012) 10 SCC 303.
Fact of the Case:
A compromise was reached between the parties in a criminal case, and the complainant was not inclined to proceed further.
Finding of the Court:
The court allowed the petition and quashed the FIR and entire proceedings based on the compromise and the application of the legal provision.
Issues: Compromise in criminal case, 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 and the verification by the learned Public Prosecutor.
Final Decision: The present misc. petition is allowed, and the FIR and proceedings against 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 submits that a compromise in this case has been arrived at between the parties, and thus, the complainant is not inclined to proceed further in the matter.
3. Learned counsel for the petitioner has placed reliance on a decision of Supreme Court in case of Gian Singh Vs. State of Punjab & Anr, (2012) 10 SCC 303. Learned Public Prosecutor states that the compromise has happened between the parties, and thus, he verifies the factum of such compromise. The factum of such compromise is also reflected in the factual report furnished by the learned Public Prosecutor before this Court. The said factual report is taken on record.
4. In view of 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.
5. Accordingly, the present misc. petition is allowed and the FIR No.75/2021 lodged at Police Station Sajjangarh, District Banswara for the offences under Sections 323, 341 & 34 of IPC and Sections 3(1)(R), 3(1)(S) & 3(1)(Y) of SC/ST Act, 1989 and Section 75 of the J.J. Act, 2015, along with entire proceedings pursuant thereto, qua the petitioner, is hereby quashed.
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