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YOGENDRA KUMAR PUROHIT
Mohit Jindal – Appellant
Versus
State – Respondent
ORDER :
Mr. Yogendra Kumar Purohit, J. - Heard learned counsel for the parties and perused the material available on record.
2. This criminal misc. petition under Section 482 Cr.P.C. has been preferred by the petitioners for quashing of FIR No. 124/2020 registered at Police Station Pratap Nagar District Bhilwara for the offences under Sections 420, 406, 467, 468, 471 IPC and all the consequential criminal proceedings pursuant thereto.
3. Learned counsel for the petitioners has submitted that the petitioners and the complainant-respondent No.2 have already entered into compromise and settled the matter and on the basis of it, there is no possibility of conviction of the petitioners for the aforesaid offences. It is also argued that no useful purpose would be served by continuing the investigation/trial against the petitioners for the alleged offences because the same may derail the compromise arrived at between the parties. Learned counsel for the petitioners has also filed a Memorandum of Understanding/ Settlement executed between the parties stating therein that the complainant has no objection for quashing the aforesaid FIR.
4. Learned counsel for the respondent No.2 has admitted tha
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.
The court established that amicable settlement between parties can justify quashing criminal proceedings under certain circumstances.
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....
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 may quash FIRs based on compromises in cases with a civil flavor, where the possibility of conviction is remote, to prevent injustice.
The court established that FIRs can be quashed when parties reach a compromise, provided the case does not involve serious offences.
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