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MANOJ KUMAR GARG
Mayur Jain, S/o. Lalit Kumar Jain – Appellant
Versus
State Of Rajasthan, Through PP. – Respondent
ORDER :
1. This instant criminal misc. petition has been filed by the petitioner for quashing the FIR No.320/2022 registered at Police Station Nokha, District Bikaner for offences under Sections 498-A, 406, 323, 376(2)(f) and 34 IPC on the basis of compromise entered between the parties.
2. Learned counsel for the petitioner submits that the petitioner and respondent No.2 are husband and wife. The parties have entered into a compromise in the on-going criminal proceedings. In such circumstances, the impugned FIR along with criminal proceedings initiated pursuant thereto against the petitioner may be quashed.
3. Having considered the facts and circumstances of the case, since the petitioner and complainant have arrived at compromise and settled their dispute and in the view of the law laid down by the Hon’ble Apex court in the case of B.S. Joshi Vs. State of Haryana, reported in 2003 (4) SCC p.675 in which it has been held that the proceedings under Section 498A IPC can be quashed because it is the matrimonial matter, the criminal proceedings for offence under Section 498-A IPC are liable to be quashed.
4. This Court is conscious of the judgment rendered by Hon’ble Supreme Court in the
Point of law: Court deems it just and proper to invoke inherent powers of this Court under Section 482 Cr.P.C.
The court established that FIRs can be quashed when a compromise is reached between the parties, invoking inherent powers under Section 482 Cr.P.C.
The inherent power of the High Court to quash criminal proceedings based on compromises when the likelihood of conviction is minimal and justice favors dismissal.
The court established that compromises between parties can lead to the quashing of FIRs under Section 482 Cr.P.C. when both parties agree not to pursue the matter.
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