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KULDEEP MATHUR
Raju Rebari @ Rameshwar Jadam – Appellant
Versus
State Of Rajasthan – Respondent
ORDER :
Mr. Kuldeep Mathur, J. - The instant criminal misc. petition under Section 482 Cr.P.C. has been filed by the petitioner seeking quashing of the FIR No.313/2023 registered at Police Station Nathdwara, Rajsamand for the offence under Section 376 IPC.
2. Learned counsel for the petitioner submitted that the parties have settled their disputes and have arrived at a compromise.
3. Learned counsel for the complainant concurs the factum of compromise and submits that in view of the compromise, the complainant is not inclined to proceed further in the matter.
4. Attention of the Court was drawn towards an affidavit filed by the prosecutrix wherein, she has stated that she has decided to resolve the dispute amicably with the present petitioner in the spirit of Lok Adalat and does not wish to continue with the present litigation.
5. This Court is conscious of the judgment rendered by Hon'ble Supreme Court in the matter of Prashant Bhartiya v. State of Delhi & Ors. in Criminal Appeal No.708 of 2021 decided on 30.07.2021, relevant portion of which reads as follows:-
The court established that FIRs can be quashed when a compromise is reached between the parties, invoking inherent powers under Section 482 Cr.P.C.
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 inherent power of the High Court to quash criminal proceedings based on compromises when the likelihood of conviction is minimal and justice favors dismissal.
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