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VINIT KUMAR MATHUR
Chandrakant – Appellant
Versus
State of Rajasthan – Respondent
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 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 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 affirmed that FIRs can be quashed when parties reach a compromise, invoking inherent powers under Section 482 Cr.P.C.
The court can quash FIRs in non-compoundable offences under Section 482 Cr.P.C. when a genuine compromise is reached between the parties, particularly in matters of a private nature.
Compromise between parties allows for quashing of FIR under inherent powers when no public interest is affected, as established in Gian Singh case.
The High Court has the power to quash an FIR or complaint when the parties have resolved their dispute, even if the offences are non-compoundable.
The court can invoke inherent powers under Section 482 Cr.P.C. to quash criminal 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.
The power to quash criminal proceedings under Section 482 of Cr.P.C. can be exercised to prevent abuse of the process of law and in cases where the continuation of the criminal case would be an exerc....
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