Back
RAJASTHAN HIGH COURT
Vinit Kumar Mathur, J.
Madan Vyas & Ors. - Appellants
Versus
State of Rajasthan & Ors. - Respondents
Criminal Miscellaneous (Petition) No. 6342 of 2021
Decided On : 17-12-2021
QUASHING - FIR - The court quashed the FIR based on a compromise between the parties, applying the legal principles established in previous Supreme Court judgments that allow for quashing of FIRs in cases of amicable settlements. The court emphasized the importance of the compromise and the lack of dispute regarding it from the respondent's counsel, thereby invoking its inherent powers under Section 482 Cr.P.C.
Fact of the Case:
The petitioner filed a misc. petition to quash FIR No.145/2019 for offenses under IPC Sections 147, 148, 149, 341, 323, and 379, claiming that the parties had reached a compromise.
Finding of the Court:
The court acknowledged the compromise between the parties, which was not disputed by the respondent's counsel, and referenced relevant Supreme Court judgments supporting the quashing of FIRs in such circumstances.
Issues: Whether the FIR can be quashed based on the compromise between the parties.
Ratio Decidendi: The court relied on the legal precedent that allows for the quashing of FIRs when the parties have settled their disputes amicably, as established in Gian Singh vs. State of Punjab and other cited cases.
Result: The misc. petition was allowed, and FIR No. 145/2019 was quashed and set aside.
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 Laxmi Narayan & Ors. (Supra) & Ram Gopal and Ors. Vs. State of Madhya Pradesh (Supra) this Court deems it just and proper to invoke inherent powers under Section 482 Cr.P.C.
7. Accordingly, the present misc. petition is allowed and the impugned 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 is quashed and set aside.
AI
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
