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DINESH MEHTA
Abhay Kumar Bharunt – Appellant
Versus
State of Rajasthan Through PP – Respondent
ORDER
1. By way of this criminal misc. petition under Section 482 Cr.P.C., the accused-petitioners have approached this Court with a prayer to quash the proceedings pending before the Civil Judge & Judicial Magistrate, Bikaner in Criminal Case No.920/2017 for the offences punishable under Sections 498-A, 406 and 323 of IPC mainly on the ground that the parties have entered into compromise and amicably settled their dispute and now no dispute remains between them.
2. The brief facts are that on the First Information Report lodged by the complainant-respondent, after investigation chargesheet for the aforesaid offences was filed against the accusedpetitioners and on that basis above said criminal proceedings in Case No.920/2017 were initiated.
3. During the trial, both the parties filed an application under Section 320 of Cr.P.C. to permit compounding of the aforesaid offences.
4. The trial Court partly allowed the application and permitted to compound the offences under Sections 406 & 323 of IPC vide order dated 04.07.2018 but the prayer in respect of offence under Section 498-A IPC was refused, as the same is not compoundable.
5. In these circumstances, the petitioners have approached t
The court can quash criminal proceedings based on compromise and settlement between the parties, even if the offences are non-compoundable, to establish peace and harmony.
The court can quash criminal proceedings based on compromise and settlement between the parties, even if the offence is non-compoundable, in order to establish peace and harmony.
The High Court may quash non-compoundable offences if the dispute is personal and does not affect public peace, promoting resolution and harmony between parties.
The court can quash FIRs in personal disputes not affecting public peace to restore harmony, even for non-compoundable offences.
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