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MADAN GOPAL VYAS
Ramdayal – 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.387/2022 registered at Police Station Nokha, District Bikaner for the offence under Sections 323 , 341, 365, 504 506 and 34 IPC and Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the SC/ST 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 323 , 341, 365, 504 506 and 34 IPC and Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the SC/ST 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 u
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 court may quash FIRs based on mutual compromise when there's no likelihood of conviction.
When once disputes have been settled by mutual compromise, then no useful purpose would be served by keeping criminal proceedings pending.
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....
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