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MANOJ KUMAR GARG
Bheru Singh Sarpanch – Appellant
Versus
State of Rajasthan, Through PP – Respondent
ORDER
1. This criminal misc. petition under Section 482 Cr.P.C. has been preferred by the petitioner for quashing the FIR No.136/2022 registered at Police Station Baap, Distt. Jodhpur for the offence under Sections 143, 341, 323, 365, 354, 509, 382, 427, 336, 307 of IPC and Section 5/27 of Arms Act on the basis of compromise.
2. Learned counsel for the petitioner has submitted that the complainant-respondent No.2 and the petitioner have already entered into compromise and on the basis of it, there is no possibility of conviction of the petitioner for the offences punishable under Sections 143, 341, 323, 365, 354, 509, 382, 427, 336, 307 of IPC and Section 5/27 of Arms Act. It is also argued that no useful purpose would be served by continuing the trial against the petitioner for the aforesaid offences because the same may derail the compromise arrived at between the parties.
3. Learned counsel for the respondent No.2 has admitted that the parties have already entered into compromise and resolved their dispute amicably and the respondent No.2 does not want to press the charges levelled against the petitioner in relation to offences punishable under Sections 143, 341, 323, 365, 354, 509
The court established that mutual compromise can lead to quashing of criminal proceedings under Section 482 Cr.P.C. if the offences are not serious in nature.
When once disputes have been settled by mutual compromise, then no useful purpose would be served by keeping criminal proceedings pending.
The court can exercise its inherent jurisdiction under Section 482 Cr.P.C to quash criminal proceedings based on compromise, in line with the guidelines engrafted by the Hon'ble Supreme Court in Gian....
The court established that amicable settlement between parties can justify quashing criminal proceedings under certain circumstances.
The High Court can quash criminal proceedings based on private compromise when the nature of the offences is such that continuation would lead to oppression or injustice, particularly in civil-center....
The court established that FIRs can be quashed when parties reach a compromise, provided the case does not involve serious offences.
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 established that mutual compromise can lead to quashing of criminal proceedings under Section 482 Cr.P.C. if the offences are not serious and justice is served.
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