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MANOJ KUMAR GARG
Praveen Kumar – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. The instant criminal misc. petition under Section 482 Cr.P.C. has been filed by the petitioners for quashing of FIR No. 355/2018 registered at Police Station Sadar, District Sriganganagar and all consequential proceedings for offence under Section 308 of IPC on the basis of compromise entered between the parties.
2. Counsel for the petitioners submits that the matter has already been compromised between the parties and it is borne out from the compromise that respondent No. 2-complainant is not inclined to proceed further in the matter. Counsel has placed reliance on a decision of Supreme Court in the case of Gian Singh v. State of Punjab & Anr. (2012) 10 SCC 303. In these circumstances, the impugned FIR and all consequential proceedings may be quashed on the basis of compromise.
3. Counsel for the respondent No. 2 (complainant) concurs the fact of compromise and submits that in view of the compromise, the respondent No. 2 (complainant) does not want to proceed further in the matter.
4. In view of compromise arrived at between the parties and applying the ratio in decision of Gian Singh (Supra), I deem it just and proper to invoke inherent powers of this Court under Sec
The court can invoke inherent powers under Section 482 Cr.P.C. to quash criminal proceedings based on compromise between the parties.
Compromise between parties allows for quashing of FIR under inherent powers when no public interest is affected, as established in Gian Singh case.
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 central legal point established in the judgment is that FIRs can be quashed based on compromises between the parties, in line with the principles of law established by the Supreme Court.
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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