Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Raj) 2275

RAJASTHAN HIGH COURT
Vinit Kumar Mathur, J.
Chandrakant & Ors. - Appellants
Versus
State of Rajasthan & Ors. - Respondents
Criminal Miscellaneous (Petition) No. 2824 of 2021
Decided On : 17-12-2021

Advocates appeared:
Chakravarti Singh Rathore, Advocate, S.K. Bhati, Advocate, Jagdish Singh, Advocate

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.

Headnote:
[QUASHING] - [FIR] - [The court quashed the FIR based on a compromise between the parties, applying the principles established in previous Supreme Court judgments which allow for quashing of FIRs in cases of compromise, particularly under Sections 498-A, 323, 406, and 504 IPC.]
Fact of the Case:

The petition was filed to quash FIR No.54/2021 for offences under Sections 498-A, 323, 406, 376/511 & 504 IPC, with the parties having reached a compromise.
Finding of the Court:

The court noted that the compromise was undisputed and that the police intended to file a charge-sheet only under certain sections, leading to the invocation of inherent powers under Section 482 Cr.P.C.
Issues: Whether the FIR could be quashed based on the compromise between the parties and the application of relevant legal precedents.
Ratio Decidendi: The court relied on the legal principles from Gian Singh vs. State of Punjab and other cases, which support quashing FIRs in light of compromises in non-compoundable offences.
Result: The court allowed the petition and quashed the FIR No. 54/2021.

JUDGMENT

Vinit Kumar Mathur, J. - The present misc. petition has been filed for quashing the FIR No.54/2021 registered at Police Station Bagra, District Jalore for the offence under Sections 498-A, 323, 406, 376/511 & 504 IPC.

2. Heard learned counsel for the parties.

3. Learned counsel for the petitioners submits that the parties have compromised the matter. The compromise deed is placed on record.

4. The fact of compromise is not disputed by learned counsel for respondent No. 2.

5 .Learned Public Prosecutor as per the factual report submits that although the FIR was registered under Section 498-A, 323, 406, 376/511 & 504 IPC, however, the police is proposing to file charge-sheet only under Section 498-A, 406, 323 IPC.

6. The factual report is taken on record.

7. 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.

8. 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.

9. Accordingly, the present misc. petition is allowed and the impugned FIR No. 54/2021 registered at Police Station Bagra, District Jalore for the offence under Sections 498-A, 323, 406, 376/511 & 504 IPC is quashed.

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