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MAHENDAR KUMAR GOYAL
Hanuman Nath – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
Mahendar Kumar Goyal, J. - This criminal miscellaneous petition under section 482 Cr.P.C. has been filed by the petitioner for quashing the FIR No.0558/2022 registered at Police Station Shivdaspura, Jaipur City (South) for the offence under Section 363 IPC and later on for the offence under Section 363 IPC, Section 16/17 of POCSO Act, 2012 and Section 32(VA) of The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
2. Learned counsel for the petitioner, inviting attention of this Court towards the affidavit of the respondent No.2/complainant dated 04.12.2022, would submit that she has stated therein that the FIR has been filed under some misconception of facts and she does not want to prosecute the matter further. He submits that in pursuance of direction of this Court order dated 27.09.2023, the parties have appeared before the Investigating Officer who has recorded their statement evidencing the compromise. He, therefore, prays that this criminal miscellaneous petition be allowed and the FIR in question be quashed and set aside.
3. Although, learned Public Prosecutor opposed the prayer; but could not dispute that the parties have appeared before the
The High Court can quash FIRs under the POCSO Act based on compromise between parties, prioritizing family welfare and the child's future.
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 court can exercise its wide amplitude powers under Section 482 Cr.P.C to quash criminal proceedings based on the nature of the offences, the voluntary nature of the compromise, and the conduct of....
The court can quash FIRs under the SC/ST Act based on voluntary compromises, provided such actions do not contravene statutory protections.
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.
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.
The court may quash FIRs based on mutual compromise when there's no likelihood of conviction.
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