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2021 Supreme(Raj) 1671

RAJASTHAN HIGH COURT
Pushpendra Singh Bhati, J.
Hatam - Appellant
Versus
State of Rajasthan - Respondent
Criminal Miscellaneous (Petition) No. 3459 of 2021
Decided On : 11-08-2021

Advocates appeared:
Hemant Solanki, Advocate, Arun Kumar, Advocate, Naresh Tak, Advocate

The court established that inherent powers under Section 482 Cr.P.C. can be invoked to quash FIRs when a compromise is reached and verified, aligning with the principles set forth in Gian Singh Vs. State of Punjab.

Headnote:

COMPROMISE - CRIMINAL PROCEDURE - The court acknowledged a compromise between the parties, verified by the Public Prosecutor, and applied the principles from Gian Singh Vs. State of Punjab, allowing the invocation of inherent powers under Section 482 Cr.P.C. to quash the FIR and proceedings against the accused.

Fact of the Case:

The parties reached a compromise regarding the FIR No.95/2021, which involved multiple IPC sections, and this was verified by the Public Prosecutor.

Finding of the Court:

The court found that the compromise was valid and supported by the necessary verification, allowing the invocation of inherent powers under Section 482 Cr.P.C.

Issues: Whether the court should quash the FIR and proceedings based on the compromise reached between the parties.

Ratio Decidendi: The court relied on the precedent set in Gian Singh Vs. State of Punjab, which allows for quashing of FIRs in cases where a compromise is reached between the parties involved.

Result: The court allowed the misc. petition and quashed the FIR along with all proceedings related to it.

JUDGMENT

Pushpendra Singh Bhati, J. - In wake of second surge in the COVID-19 cases, abundant caution is being maintained, while hearing the matters in Court, for the safety of all concerned.

2. Learned counsel for the parties jointly submit that a compromise has been arrived at between the parties, which factum is also reflected in the report submitted before this Court in pursuance of the order dated 23.07.2021. Thus, the learned Public Prosecutor also verifies the factum of such compromise. The said factual report is taken on record.

3. Learned counsel for the parties have placed reliance on a decision of Supreme Court in case of Gian Singh Vs. State of Punjab & Anr, (2012) 10 SCC 303.

4. In view of compromise arrived at between the parties as also the verification of factum of such compromise by the learned Public Prosecutor as well as the concerned investigating officer, as discernible from the aforesaid report, and applying the ratio of the decision in Gian Singh Vs. State of Punjab & Anr. (supra), this Court deems it just and proper to invoke inherent powers of this Court under Section 482 Cr.P.C.

5. Accordingly, the present misc. petition is allowed and the FIR No.95/2021 registered at Police Station Nagorit Gate, Jodhpur City (East) for the offences under Sections 143, 341, 323, 354, 509 of IPC alongwith the entire proceedings pursuant thereto is hereby quashed.

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