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RAJASTHAN HIGH COURT BENCH AT JAIPUR
Vinit Kumar Mathur, J.
Shrawan Kumar & Ors. - Appellants
Versus
State of Rajasthan & Ors. - Respondents
S.B. Criminal Misc(Pet.) No. 4465/2021 Connected With S.B. Criminal Misc(Pet.) No. 3481/2021 and S.B. Criminal Misc(Pet.) No. 4121/2021
Decided On : 15-12-2021
[COMPROMISE] - [CRIMINAL PROCEDURE] - [The court acknowledged a compromise between the parties, leading to the decision to quash the FIR based on the inherent powers under Section 482 of the Cr.P.C., supported by precedents from the Supreme Court regarding amicable settlements in criminal matters.]
Fact of the Case:
The parties reached a compromise, and the complainant expressed a desire not to pursue the matter further.
Finding of the Court:
The court found that the dispute was amicably settled and deemed it appropriate to invoke its inherent powers to quash the FIR.
Issues: Whether the court should quash the FIR based on the compromise between the parties.
Ratio Decidendi: The court applied the principles established in Gian Singh vs. State of Punjab and other relevant cases, which allow for quashing of FIRs in light of amicable settlements.
Result: The court allowed the misc. petition and quashed the FIR registered against the petitioners.
ORDER
1. It is stated at the Bar that a compromise has been arrived at between the parties and it is borne out from the compromise that the complainant is not inclined to proceed further in the matter. The compromise has been placed on record.
2. Learned counsel for the parties have placed reliance on the decisions of the Hon'ble Supreme Court in case of 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 & Ors. Vs. State of Madhya Pradesh (Criminal Appeal No,.1489 and 1488 of 2012 decided on 29.09.2021).
3. Learned counsel for the parties are in agreement that the dispute between the parties has been amicably settled and therefore, complainant does not want to pursue the matter.
4. In view of the compromise arrived at between the parties and applying the ratio of law laid in the decisions rendered by the Hon'ble Supreme Court in the case of Gian Singh, Laxmi Narayan & Ors. & Ram Gopal & Ors. (supra), this Court deems it just and proper to invoke inherent powers of this Court under Section 482 of Cr.P.C.
5. Accordingly, the present misc. petition is allowed and F.I.R. No.261/2021 registered against the petitioners at Police Station Udaimandir District Jodhpur for the offences under sections 420, 467, 468, 471, 120-B of IPC is quashed.
AI
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 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 can invoke inherent powers under Section 482 Cr.P.C. to quash criminal proceedings based on compromise between the parties.
The court can invoke inherent powers under Section 482 Cr.P.C. to quash FIR and consequential proceedings based on compromise between the parties.
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....
Compromise between parties allows for quashing of FIR under inherent powers when no public interest is affected, as established in Gian Singh case.
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