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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
MANOJ KUMAR GARG, J.
Sanjay Jat S/o Lobhchand Jat – Petitioner
Versus
State of Rajasthan – Respondent
S.B. Criminal Misc. (Pet.) No. 2523 of 2023
Decided On : 03-07-2023
Code of Criminal Procedure, 1973 - Section 482 - Indian Penal Code, 1860 - Sections 323, 353 - Quashing of FIR - Compromised between the parties - Consequential proceedings may be quashed on the basis of compromise - Held, Court deem it just and proper to invoke inherent powers of this Court under Section 482 Cr.P.C - Petition is allowed.
JUDGMENT :
MANOJ KUMAR GARG, J.
1. Application (1/2023) for preponing the date of listing of the case is allowed for reasons stated therein.
2. The matter is taken up today itself.
3. The instant criminal misc. petition under Section 482 Cr.P.C. has been filed by the petitioners for quashing of FIR No. 24/2023 registered at Police Station Nimbaheda Sadar and all consequential proceedings for offence under Sections 323, 353 IPC.
4. Counsel for the petitioners submits that the matter has already been compromised between the parties and it is borne out from the compromise that respondent No. 2-complainant is not inclined to proceed further in the matter. Counsel has placed reliance on a decision of Supreme Court in the case of Gian Singh vs. State of Punjab and Another, (2012) 10 SCC 303. In these circumstances, the impugned FIR and all consequential proceedings may be quashed on the basis of compromise.
5. Counsel for the respondents No. 2-complainant concurs the fact of compromise and submits that in view of the compromise, the respondents No. 2-complainant does not want to proceed further in the matter.
6. In view of compromise arrived at between the parties and applying the ratio in decision of Gian Singh (Supra), I deem it just and proper to invoke inherent powers of this Court under Section 482 Cr.P.C.
7. Accordingly, the present misc. petition is allowed and the FIR No. 24/2023 registered at Police Station Nimbaheda Sadar and all consequential proceedings for offence under Sections 323, 353 IPC lodged against the petitioners are hereby quashed on the basis of compromise deed.
8. Stay application also decided.
SupremeToday
The court can invoke inherent powers under Section 482 Cr.P.C. to quash criminal proceedings based on compromise between the parties.
The court may quash FIRs based on compromises in cases with a civil flavor, where the possibility of conviction is remote, to prevent injustice.
The court can invoke inherent powers under Section 482 Cr.P.C. to quash FIR and consequential proceedings based on compromise between the parties.
Compromise between parties allows for quashing of FIR under inherent powers when no public interest is affected, as established in Gian Singh case.
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 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.
The central legal point established in the judgment is that FIRs can be quashed based on compromises between the parties, in line with the principles of law established by the Supreme Court.
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