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MANOJ KUMAR GARG
Sukhveer Singh – 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 with the prayer for quashing the FIR No.447/2019 registered at P.S. Mahila Thana, Hanumangarh for the offence under Sections 363/34 of IPC on the basis of compromise.
2. Learned counsel for the petitioner has submitted that the respondent No.2-complainant's daughter (who was minor at the time of incident) 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 363/34 of IPC. 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 363/34 of IPC.
4. The Hon'ble Apex Court while answering a reference in the case of Gian Singh Vs. State of P
The court established that FIRs can be quashed when parties reach a compromise, provided the case does not involve serious offences.
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 can exercise its inherent jurisdiction under Section 482 Cr.P.C to quash criminal proceedings when the parties have settled their dispute amicably, and there is no possibility of conviction....
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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