Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Raj) 1490

RAJASTHAN HIGH COURT
Pushpendra Singh Bhati, J.
Jayram Kalal - Appellant
Versus
State of Rajasthan - Respondent
Criminal Miscellaneous (Petition) No. 3212 of 2021
Decided On : 03-08-2021

Advocates appeared:
Raghuveer Singh Bhati, Advocate, Mahipal Bishnoi, Advocate

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.

Headnote:
COMPROMISE - QUASHING OF FIR - The court, upon recognizing a compromise between the parties and verifying it through the Public Prosecutor, invoked its inherent powers under Section 482 Cr.P.C. to quash the FIR and all proceedings related to it, aligning with the precedent set in Gian Singh Vs. State of Punjab & Anr. (2012). This decision underscores the court's discretion to dismiss cases where parties have reconciled, emphasizing the importance of amicable resolutions in criminal matters.
Fact of the Case:

A compromise was reached between the parties involved in a case concerning FIR No.75/2021, which included various charges under the IPC and SC/ST Act. The complainant expressed a lack of interest in pursuing the matter further.
Finding of the Court:

The court acknowledged the compromise and the verification of this fact by the Public Prosecutor, leading to the conclusion that it was appropriate to exercise its inherent powers to quash the FIR and related proceedings.
Issues: Whether the court should quash the FIR and proceedings based on the compromise between the parties.
Ratio Decidendi: The court applied the principles established in Gian Singh Vs. State of Punjab & Anr., which allows for the quashing of FIRs in cases where the parties have settled their disputes amicably, thereby promoting justice and efficiency in the legal process.
Result: The court allowed the misc. petition and quashed FIR No.75/2021 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 submits that a compromise in this case has been arrived at between the parties, and thus, the complainant is not inclined to proceed further in the matter.

3. Learned counsel for the petitioner has placed reliance on a decision of Supreme Court in case of Gian Singh Vs. State of Punjab & Anr, (2012) 10 SCC 303. Learned Public Prosecutor states that the compromise has happened between the parties, and thus, he verifies the factum of such compromise. The factum of such compromise is also reflected in the factual report furnished by the learned Public Prosecutor before this Court. The said factual report is taken on record.

4. In view of 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.

5. Accordingly, the present misc. petition is allowed and the FIR No.75/2021 lodged at Police Station Sajjangarh, District Banswara for the offences under Sections 323, 341 & 34 of IPC and Sections 3(1)(R), 3(1)(S) & 3(1)(Y) of SC/ST Act, 1989 and Section 75 of the J.J. Act, 2015, along with entire proceedings pursuant thereto, qua the petitioner, is hereby quashed.

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