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RAJASTHAN HIGH COURT
Pushpendra Singh Bhati, J.
Ramesh Lakhotiya - Appellant
Versus
State of Rajasthan - Respondent
Criminal Miscellaneous (Petition) No. 2533 of 2021
Decided On : 10-08-2021
COMPROMISE - QUASHING FIR - The court, invoking its inherent powers under Section 482 Cr.P.C., quashed the FIR based on a verified compromise between the parties, aligning with the precedent set in Gian Singh Vs. State of Punjab & Anr. (2012) 10 SCC 303, which allows for quashing of proceedings in light of a compromise in non-compoundable offenses when it serves the interest of justice.
Fact of the Case:
The parties involved in the case submitted that they had reached a compromise, which was verified by the Registrar (Judicial) and the investigating officer, leading to a joint request for quashing the FIR.
Finding of the Court:
The court found that the compromise was valid and properly verified, thus justifying the invocation of its inherent powers to quash the FIR and the proceedings against the petitioners.
Issues: Whether the court can quash an FIR based on a compromise between the parties in light of the legal precedent set by Gian Singh Vs. State of Punjab & Anr.
Ratio Decidendi: The court applied the principles established in Gian Singh's case, which allows for quashing of FIRs in non-compoundable offenses when a compromise is reached and verified, emphasizing the importance of justice and the parties' agreement.
Result: The court allowed the misc. petition and quashed FIR No.72/2021 along with all proceedings against the petitioners.
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 petitioners and learned counsel for the complainant/respondent No.2 to 4 jointly submit that the parties have already entered into a compromise.
3. The report dated 04.08.2021 regarding verification of the compromise done before the Registrar (Judicial) of this Hon'ble Court is on record.
4. Learned counsel for the parties jointly submit that the compromise in question has also been verified by the concerned investigating officer, which is also reflected from the factual report submitted by the learned Public Prosecutor. The said factual report is taken on record.
5. 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.
6. In view of compromise arrived at between the parties as well as the verification of factum thereof in the aforementioned report dated 04.08.2021 of the Registrar (Judicial) of this Hon'ble Court as well as in 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.
7. Accordingly, the present misc. petition is allowed and the FIR No.72/2021 lodged at Police Station Shri Vijaynagar, District Sri Ganganagar for the offences under Sections 323, 341, 143 of IPC along with entire proceedings pursuant thereto, qua the petitioners, is hereby quashed.
The court affirmed that compromises in criminal cases can lead to quashing of FIRs and proceedings when verified and deemed just, reinforcing the application of inherent powers under Section 482 Cr.P....
The court can invoke its inherent powers under Section 482 Cr.P.C. to quash FIR based on compromise between the parties, in line with the decision of Gian Singh Vs. State of Punjab & Anr. (2012) 10 S....
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. S....
The court can invoke its inherent powers under Section 482 Cr.P.C. to quash FIR and proceedings based on a compromise between the parties, in line with the decision in Gian Singh Vs. State of Punjab ....
The court has the authority to quash FIRs and proceedings in criminal cases when a compromise is reached between the parties, reflecting the judicial inclination towards resolving disputes amicably.
The court can invoke its inherent powers under Section 482 Cr.P.C. to quash criminal proceedings based on a compromise between the parties.
The court can invoke its inherent powers under Section 482 Cr.P.C. to quash criminal proceedings based on a compromise between the parties, as established in the decision of Gian Singh Vs. State of P....
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.
The court can invoke its inherent powers under Section 482 Cr.P.C. to discharge accused persons of certain offences based on a compromise and the non-compoundable nature of the remaining offences.
The court established that FIRs can be quashed when there is a compromise between the parties, reinforcing the application of inherent powers under Section 482 Cr.P.C. in such cases.
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