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RAJASTHAN HIGH COURT
Vinit Kumar Mathur, J.
Amandeep - Appellant
Versus
State of Rajasthan, Through S. H. O. & Ors. - Respondents
S.B. Criminal Misc(Pet.) No. 4058/2021 connected with S.B. Criminal Misc(Pet.) No. 4039/2021
Decided On : 01-12-2021
Quashing - FIR - IPC Sections 406, 418, 419, 420, 120-B; Cr.P.C. Section 482 - The court quashed FIRs based on the parties' compromise, emphasizing the application of inherent powers under Section 482 Cr.P.C. and relevant Supreme Court precedents.
Fact of the Case:
The petitioner filed misc. petitions to quash FIRs for various IPC offences, claiming a compromise with the respondent, which was not disputed.
Finding of the Court:
The court found the compromise valid and undisputed, allowing the quashing of the FIRs while clarifying that the bank's recovery proceedings would remain unaffected.
Issues: Whether the FIRs could be quashed based on the compromise between the parties.
Ratio Decidendi: The court relied on the inherent powers under Section 482 Cr.P.C. and established precedents to quash the FIRs due to the compromise.
Result: The FIRs were quashed based on the parties' compromise.
JUDGMENT
[S.B. Criminal Misc (Pet-) No. 4058/2021]
1. The present misc. petition has been filed for quashing the FIR No.0144/2020 dated 13.03.2020, qua the petitioner registered at Police Station Jawahar Nagar, District Ganganagar for the offences under Sections 406, 418, 419, 420 and 120-B of 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 is placed on record.
4. Learned counsel for the petitioner submits that some of the loan amount of the Punjab National Bank has been repaid. He also undertakes that rest of the amount due towards the loan shall be paid by them at the earliest possible.
5. The fact of compromise is not disputed by learned counsel appearing for the respondent No.2.
6. 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 since the matter has been compromised, the FIR may kindly be quashed.
7. 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.
8. Accordingly, the present misc. petition is allowed and the impugned FIR No.0144/2020 dated 13.03.2020, qua the petitioner registered at Police Station Jawahar Nagar, District Ganganagar for the offences under Sections 406, 418, 419, 420 and 120-B of IPC is quashed and set aside.
9. It is noted that the petitioner has taken loan from the Punjab National Bank, Branch Beerbal Chowk, Ganganagar and the amount of loan is still outstanding against the petitioner. It is made clear that the order passed in this case shall not effect the proceedings undertaken by the bank for the recovery of loan amount due from the petitioner or the complainant.
[S.B. Criminal Misc(Pet-) No. 4039/2021]
10. The present misc. petition has been filed for quashing the FIR No.0084/2020 dated 05.03.2020, qua the petitioner registered at Police Station Sadar Ganganagar, District Ganganagar for the offences under Sections 420, 467, 468, 471 and 120-B of IPC.
11. Heard learned counsel for the parties.
12. Learned counsel for the petitioner submits that the parties have compromised the matter outside the Court. The compromise deed is placed on record.
13. Learned counsel for the petitioner submits that some of the loan amount of the Punjab National Bank has been repaid. He also undertakes that rest of the amount due towards the loan shall be paid by them at the earliest possible.
14. The fact of compromise is not disputed by learned counsel appearing for the respondent No.2.
15. 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 since the matter has been compromised, the FIR may kindly be quashed.
16. 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.
1
AI
The court affirmed that FIRs can be quashed when parties reach a compromise, invoking inherent powers under Section 482 Cr.P.C.
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.
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 invoke inherent powers under Section 482 Cr.P.C. to quash FIR and consequential proceedings based on compromise between the parties.
The court established that compromises between parties can lead to the quashing of FIRs under Section 482 Cr.P.C. when both parties agree not to pursue the matter.
The central legal point established in the judgment is that FIRs can be quashed based on compromises between the parties, in line with the principles of law established by the Supreme Court.
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