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2023 Supreme(Raj) 2175

IN THE HIGH COURT OF RAJASTHAN
Manoj Kumar Garg, J.
Gurbhej Singh and Others – Petitioners
Versus
State of Rajasthan and Others – Respondents
S.B. Criminal Misc. (Pet.) No. 4379 of 2023
Decided On : 07-08-2023

Advocates:
Advocate Appeared:
For the Petitioners: Ramandeep Singh Kharlia
For the Respondents: Mohd. Jawed Gauri, Rakesh Sinha

Headnote:(A) Criminal Procedure Code, 1973 - Section 482 - Indian Penal Code, 1860 - Sections 420, 465, 467, 468, 471, 120-B - Quashing of FIR - Petitioners sought to quash an FIR based on a compromise with the complainant, which made conviction unlikely. Court explains discretion under Section 482 to quash criminal proceedings when mutual compromise exists. The nature of the conflict was deemed to have predominantly civil implications. Court acknowledged that, to secure justice, proceedings should be quashed if their continuation poses unfairness to the accused. (Paras 1, 5, 6)

Facts of the case:
Petitioners requested the quashing of FIR No. 88/2023 after amicably resolving their disputes with the complainant, asserting that continuation of the trial was unnecessary.

Findings of Court:
No chance of conviction existed due to the compromise and thus, the FIR and consequential proceedings were quashed.

Issues: The key issues involved whether the High Court could quash criminal proceedings following a mutual compromise and the applicability of inherent powers under Section 482.

Ratio Decidendi: The court concluded that inherent powers under Section 482 permit quashing when compromise exists and continuing proceedings would cause injustice to the accused.

Result: Petition allowed; FIR and proceedings quashed.

Table of Content
1. filing of criminal misc. petition under section 482 cr.p.c. (Para 1)
2. arguments regarding compromise and lack of conviction (Para 2 , 3)
3. court's power to quash criminal proceedings based on compromise (Para 4 , 5 , 6)
4. outcome of the petition and order to quash fir (Para 7 , 8)

ORDER :

1. This criminal misc. petition under Section 482 Cr.P.C. has been preferred by the petitioners for quashing the FIR No. 88/2023 registered at Police Station Taranagar, Distt. Churu for the offence under Sections 420 , 465, 467, 468, 471, 120-B of IPC and entire criminal proceedings pursuant thereto, on the basis of compromise arrived at between the parties.

2. Learned counsel for the petitioners has submitted that the complainant-respondent No. 2 and the petitioners have already entered into compromise and on the basis of it, there is no possibility of conviction of the petitioners for the offences punishable under Sections 420 , 465, 467, 468, 471, 120-B of IPC. It is also argued that no useful purpose would be served by continuing the trial against the petitioners 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 petitioners in relation to offences punishable under Sections 420 , 465, 467, 468, 471, 120- B of IPC.

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 predominatingly 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 prejudice and extreme injustice would be caused to him by not quashing the criminal

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