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MANOJ KUMAR GARG
Manoj – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. The instant criminal misc. petition under Section 482 Cr.P.c. has been filed by the petitioner for quashing of FIR No. 130/2023 registered at Police Station Falasiya, District Udaipur and all consequential proceedings in pursuance thereto for offences under Section 376 of IPC.
2. Learned counsel for the petitioner and counsel for the respondents No. 2 jointly submit that the petitioner and the complainant have entered into compromise in the on-going criminal proceedings. It is thus submitted that the parties are not inclined to proceed further in this matter.
3. I have considered the arguments advanced before me and carefully gone through the material available on record.
4. 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.
A valid compromise between parties in criminal proceedings can justify the quashing of FIRs and associated actions, contingent on the nature of the allegations and prior judicial principles.
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