Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Raj) 1533

RAJASTHAN HIGH COURT
Pushpendra Singh Bhati, J.
Samir Khan @ Bunty - Appellant
Versus
State of Rajasthan - Respondent
Criminal Miscellaneous (Petition) No. 2337 of 2021
Decided On : 10-08-2021

Advocates appeared:
Firoz Khan, Advocate, Vikram Sharma, Advocate, Sunny Changra, Advocate

The court established that compromises in criminal cases can lead to the quashing of FIRs and proceedings when both parties agree and the compromise is verified.

Headnote:
COMPROMISE - CRIMINAL PROCEEDINGS - The court recognized the validity of a compromise between the parties in ongoing criminal proceedings, applying the principles established in Gian Singh Vs. State of Punjab. The court invoked its inherent powers under Section 482 Cr.P.C. to quash the FIR and all related proceedings, emphasizing the importance of mutual resolution in criminal matters.
Fact of the Case:

The petitioner and respondent no.2 entered into a compromise regarding ongoing criminal proceedings, prompting both parties to express their desire to discontinue the matter.
Finding of the Court:

The court acknowledged the compromise and the verification of its existence by the learned Public Prosecutor, which was supported by a factual report.
Issues: Whether the court should quash the FIR and proceedings based on the compromise between the parties.
Ratio Decidendi: The court applied the ratio from Gian Singh Vs. State of Punjab, which allows for the quashing of FIRs in cases where the parties have reached a compromise, thereby invoking its inherent powers under Section 482 Cr.P.C.
Result: The court allowed the misc. petition and quashed FIR No.158/2021 along with all proceedings against the petitioner.

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 petitioner and learned counsel for the respondent no.2 jointly submit that the petitioner and the respondent No.2 have entered into a compromise in the on-going criminal proceedings. It is thus submitted that the parties are not inclined to proceed further in the matter.

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. Learned Public Prosecutor states that the compromise has happened between the parties and the factum of such compromise is also reflected in the factual report of the I.O. furnished by the learned Public Prosecutor. The said factual report is taken on record.

5. In view of the compromise arrived at between the parties as well as the verification of factum thereof by the learned Public Prosecutor on the strength of the aforementioned factual report and applying the ratio in decision of Gian Singh Vs. State of Punjab & Anr. (supra), this Court deems it just and proper to invoke its inherent powers under Section 482 Cr.P.C.

6. Accordingly, the present misc. petition is allowed and the FIR No.158/2021 lodged at Police Station Udaimandir, Jodhpur, District Jodhpur for the offence under Sections 143, 323, 452, 386, 379, 354 & 365 of IPC read with Section 3(2)(VA) of SC/ST Act along with entire proceedings pursuant thereto qua the petitioner are hereby quashed.

7. Stay petition also stands disposed of.

Click Here to Read the rest of this document