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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Dinesh Mehta, J.
Sarvjeet Singh & Ors. – Appellant
Versus
State of Rajasthan & Ors. – Respondent
S.B. Criminal Misc(Pet.) No. 3082/2022
Decided On : 04-07-2022
Compromise - Criminal Procedure - The court quashed the FIR based on a compromise between the accused and the complainant, citing the principle of law laid down by the Supreme Court in similar cases.
Fact of the Case:
The accused-petitioners sought to quash the FIR against them, citing a compromise with the complainant. The Public Prosecutor indicated that an offense had been committed.
Finding of the Court:
The court found that the parties had resolved their dispute through a compromise and that the case fell within the principles of law established by the Supreme Court in similar cases. As a result, the court allowed the petition and quashed the FIR.
Issues: The main issue was whether the FIR should be quashed based on the compromise between the parties, despite the indication of an offense by the Public Prosecutor.
Ratio Decidendi: The court relied on the principle of law established by the Supreme Court in the cases of Gian Singh Vs. State of Punjab & Anr and State of Haryana & Ors. Vs. Choudhary Bhajan Lal & Ors., which allowed for the quashing of FIRs based on compromises between the parties.
Final Decision: The criminal misc. petition was allowed, and the FIR was quashed and set aside.
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 of the case and considering that petitioner No.2 and complainant are husband and wife and considering the submissions made on behalf of the respective parties; the material made available for my perusal; considering that the parties have resolved their dispute and also finding that the present case is wholly covered by the principle of law laid down by Hon’ble the Supreme Court in the case of Gian Singh Vs. State of Punjab & Anr-reported in 2012 Cr.L.J. (SC) 4934 and in the case of State of Haryana & Ors. Vs. Choudhary Bhajan Lal & Ors. [AIR 1992 SC 604], the aforesaid FIR is liable to be quashed in view of compromise arrived at between the parties.
6. In view of the above, this criminal misc. petition is allowed and the FIR No.57/2019 registered at Police Station Gajsinghpur, District Sri Gangangar is quashed and set aside. Consequence to follow.
7. The stay application also stands disposed of.
AI
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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