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2023 Supreme(Raj) 2017

IN THE HIGH COURT OF RAJASTHAN
Madan Gopal Vyas, J.
Ramdayal - Petitioner
Versus
State Of Rajasthan and Ors. – Respondents
S.B. Criminal Misc(Pet.) No. 4596 of 2023
Decided On : 14-08-2023

Advocates:
Advocate Appeared:
For the Petitioner: Mr. Mahaveer Bishnoi
For the Respondent: Mr. Laxman Solanki, P.P., Mr. Anil Bishnoi

Headnote:(A) Code of Criminal Procedure, 1973 - Section 482 - Indian Penal Code, 1860 - Sections 323, 341, 365, 504, 506, and 34 - Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Sections 3(1)(r), 3(1)(s), and 3(2)(va) - Quashing of FIR based on compromise - The petitioner sought quashing of FIR for charges under various IPC sections and provisions of SC/ST Act due to an amicable settlement with the complainant - The court upheld that continuation of proceedings was unnecessary as the possibility of conviction was remote. (Paras 1-7)

(B) Judicial Power - Inherent jurisdiction - High Court’s power to quash a criminal proceeding differs from the compounding of offences under Section 320, focusing instead on justice or preventing abuse of process - Noting the distinction where offences have public impact, with consideration of case nature for determining appropriateness of quashing - The settlement of disputes between parties merits judicial intervention to prevent oppression. (Para 4)

Facts of the case:
The petitioner filed for quashing FIR No.387/2022 due to a compromise regarding charges under IPC and SC/ST Act — the complainant sought no further action.

Findings of Court:
The court found that the settlement precluded the possibility of conviction and deemed quashing appropriate under Section 482 Cr.P.C.

Issues: Whether the provisions under Section 482 Cr.P.C. allow quashing of FIR when the parties have settled their disputes.

Ratio Decidendi: The court referenced Supreme Court precedent, indicating that for non-serious offences of private nature, quashing is warranted if conviction is unlikely, thus serving justice.

Result: Petition allowed; FIR quashed.

Table of Content
1. fir filed under multiple sections. (Para 1)
2. compromise between parties eliminates need for trial. (Para 2 , 3)
3. supreme court guidelines on quashing firs. (Para 4)
4. court's view on proceeding post-compromise. (Para 5 , 6)
5. petition allowed, fir quashed. (Para 7 , 8)

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 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.

4. The Hon'ble Apex Court while answering a reference in the case of Gian Singh v. State of Punjab & Anr. reported in JT 2012(9) SC - 426 has held as below:-

    "57. The position that emerges from the above discussion can be summarised thus: the 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 compounding the offences under Section 320 of the Code. Inherent power is of wide plenitude with no statutory limitation but it has to be exercised in accord with the guideline engrafted in such power viz; (i) to secure the ends of justice or (ii) to prevent abuse of the process of any Court. In what cases power to quash the criminal proceeding or complaint or F.I.R may be exercised where the offender and victim have settled their dispute would depend on the facts and circumstances of each case and no category can be prescribed. However, before exercise of such power, the High Court must have due regard to the nature and gravity of the crime. Heinous and serious offences of mental depravity or offences like murder rape, dacoity, etc. cannot be fittingly quashed even though the victim or victim's family and the offender have settled the dispute. Such offences are not private in nature and have serious impact on society. Similarly, any compromise between the victim and offender in relation to the offences under special statutes like Prevention of Corruption Act or the offences committed by public servants while working in that capacity etc; cannot provide for any basis for quashing criminal proceedings involving such offences. But the criminal cases having overwhelmingly and pre-dominating civil flavour stand on different footing for the purposes of quashing, particularly the offences arising from commercial, financial, mercantile, civil, partnership or such like transactions or the offences arising out of matrimony relating to dowry, etc. or the family disputes where the wrong is basically private or personal in nature and the parties have resolved their entire dispute. In this category of cases, High Court may quash criminal proceedings if in its view, because of the compromise between the offender and victim, the possibility of conviction is remote and bleak and continuation of criminal case would put accused to great oppression and p

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