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DINESH MEHTA
Sarvjeet Singh – Appellant
Versus
State of Rajasthan – Respondent
ORDER
1. By way of this criminal misc. petition under Section 482 of the Code of Criminal Procedure, the accused-petitioners have approached this Court with a prayer to quash the FIR No.57/2019 dated 16.05.2019 registered at Police Station Gajsinghpur, District Sri Gangangar for the offences punishable under Sections 420, 467, 468, 471, 193 & 120-B of IPC.
2. Learned counsel for the petitioners submits that during pendency of the investigation, the petitioners have entered into a compromise with the complainant (wife of petitioner No.2) and the written compromise has been placed before the Investigating Officer, who has verified the same and thus, the FIR in question be quashed in exercise of inherent jurisdiction of this Court.
3. Mr. Gaurav Singh, learned Public Prosecutor submits that Investigating Officer is about to file charge-sheet, having found an offence having been committed by the petitioners.
4. Learned counsel for the complainant, while accepting factum of compromise having taken place between the parties, submits that complainant (wife of petitioner No.2) has no objection, if the FIR in question and proceedings are quashed.
5. Having regard to the facts and circumstances o
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.
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.
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 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 court may quash an FIR based on compromise, nature of the offence, and the relationship between the parties, guided by established legal principles.
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.
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