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MADAN GOPAL VYAS
Ganpat Lal – Appellant
Versus
State Of Rajasthan – Respondent
ORDER :
Madan Gopal Vyas, J.
This criminal misc. petition under Section 482 Cr.P.C. has been preferred by the petitioner for quashing the FIR No.48/2019 registered at Police Station Phalodi, District Jodhpur for the offence under Sections 365 , 342, 323 and 34 IPC 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 365 , 342, 323 and 34 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 365 , 342, 323 and 34 IPC.
4. The Hon'ble Apex Court while answering a reference in the case of Gian Singh v. State of Pu
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 amicable settlement between parties can justify quashing criminal proceedings under certain circumstances.
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 FIRs can be quashed when parties reach a compromise, provided the case does not involve serious offences.
The High Court may quash criminal proceedings if the parties have settled their dispute, and continuation would serve no useful purpose, particularly in cases with a civil flavor.
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