Back
VINIT KUMAR MATHUR
Madan Vyas – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
Vinit Kumar Mathur, J. - The present misc. petition has been filed for quashing the FIR No.145/2019 registered at Police Station Mandfiya, District Chittorgarh for the offence under Sections 147, 148, 149, 341, 323, 379 of the IPC.
2. Heard learned counsel for the parties.
3. Learned counsel for the petitioner submits that the parties have compromised the matter outside the Court. The compromise deed has been placed before this Court and the same is taken on record.
4. The fact of compromise is not disputed by learned counsel for respondent No. 2.
5. Learned counsel for the petitioner has relied upon the judgment of the Hon’ble Supreme Court in the case of Gian Singh vs. State of Punjab, (2012) 10 SCC 303, State of M.P. V/s Laxmi Narayan & Ors. [AIR 2019 SC 1296] & Ram Gopal and Ors. Vs. State of Madhya Pradesh (Criminal Appeal No. 1489 and 1488 of 2012 decided on 29.09.2021) and prays that the FIR may be quashed.
6. In view of the aforementioned compromise arrived at between the parties and considering the fact that the compromise is not disputed by learned counsel for the respondent as also applying the law laid down in Gian Singh vs. State of Punjab (Supra), State of M.P. V/s
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.
The court established that FIRs can be quashed when parties reach a compromise, particularly in cases involving non-compoundable offences, provided the compromise is not disputed.
The court affirmed that FIRs can be quashed when parties reach a compromise, invoking inherent powers under Section 482 Cr.P.C.
The court can invoke inherent powers under Section 482 Cr.P.C. to quash criminal proceedings based on compromise between the parties.
Compromise between parties allows for quashing of FIR under inherent powers when no public interest is affected, as established in Gian Singh case.
Power of the High Court in quashing a criminal proceeding or FIR or complaint in exercise of its inherent jurisdiction is distinct and different from the power given to a criminal court for compoundi....
The court can exercise its inherent powers to quash FIRs in cases where the parties have reached an amicable settlement, as supported by established legal precedents.
The court can invoke inherent powers under Section 482 Cr.P.C. to quash FIR and consequential proceedings based on compromise between the parties.
The genuineness of a compromise and its acceptance by the complainant can be grounds for quashing FIR and subsequent proceedings.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
