MANOJ KUMAR GARG
Prakash – Appellant
Versus
State of Rajasthan, Through PP – Respondent
ORDER
1. The instant criminal misc. petition under Section 482 Cr.P.c. has been filed by the petitioner for quashing of FIR No.0395/2022 registered at Police Station Sadar Bikaner, District Bikaner and all consequential proceedings in pursuance thereto for offences under 376(2)(N) & 506 of IPC.
2. Learned counsel for the petitioner and counsel for the respondents No.2 jointly submit that the petitioner and the complainant have entered into compromise in the on-going criminal proceedings. It is thus submitted that the parties are not inclined to proceed further in this matter.
3. I have considered the arguments advanced before me and carefully gone through the material available on record.
4. This Court is conscious of the judgment rendered by Hon'ble Supreme Court in the matter of Prashant Bhartiya Vs. State of Delhi & Ors. in Criminal Appeal No.708 of 2021 decided on 30.07.2021, relevant portion of which reads as follows:-
Gian Singh V/s. State of Punjab & Anr. (2012) 10 SCC 303)
State of Haryana & Ors. vs. Choudhary Bhajan Lal & Ors. (AIR 1992 SC 604)
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 inherent power of the High Court to quash criminal proceedings based on compromises when the likelihood of conviction is minimal and justice favors dismissal.
A valid compromise between parties in criminal proceedings can justify the quashing of FIRs and associated actions, contingent on the nature of the allegations and prior judicial principles.
A court can quash FIRs and proceedings in criminal cases when the parties have reached a mutual compromise, applying its inherent power under Section 482 Cr.P.C. to uphold justice in the absence of p....
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