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2023 Supreme(Raj) 2254

IN THE HIGH COURT OF RAJASTHAN
Manoj Kumar Garg, J.
Rewati and Others – Petitioners
Versus
State of Rajasthan and Others – Respondents
S.B. Criminal Misc. (Pet.) No. 3293 of 2023
Decided On : 05-07-2023

Advocates:
Advocate Appeared:
For the Petitioners: Devendra Singh Rathore, Sahiram Godara
For the Respondents: Gaurav Singh, Ramdev Rajpurohit

Headnote:(A) Code of Criminal Procedure, 1973 - Section 482 - Indian Penal Code, 1860 - Sections 384, 388, 389, 323, 341, 120-B & 34 - Quashing of FIR - Petitioners sought quashing of FIR on the grounds of compromise - It was established that compromise had been reached, therefore, there was no likelihood of conviction - Considering the facts, the court allowed the petition and quashed the proceedings as continuation would serve no purpose. (Paras 1, 6, 8)

(B) Inherent Power of High Court - The power to quash proceedings differs from compounding offences and must consider the nature of the crime - The complexity of the offence type determines the appropriateness of quashing when a compromise is present. (Paras 5)

Facts of the case:
The petitioners filed a criminal misc. petition under Section 482, seeking to quash FIR No.124/2023 for various IPC offences based on a compromise with the complainant, who did not wish to pursue the case.

Findings of Court:
The court determined that the compromise eliminated any potential for conviction and upheld that no purpose would be served by continuing the trial.

Issues: The main issue was whether the High Court could quash the FIR based on a compromise agreement between the accused and the complainant.

Ratio Decidendi: The court held that the inherent power to quash is based on judicial discretion, considering the nature of the offence and the circumstances of each case; continuation of proceedings post-compromise would result in injustice.

Result: Petition allowed; FIR and proceedings quashed.

Table of Content
1. petition for quashing fir due to compromise. (Para 1)
2. arguments related to compromise and conviction probability. (Para 2 , 4)
3. guidelines on quashing criminal proceedings. (Para 5)
4. court's discretion based on mutual settlement. (Para 6 , 7)
5. conclusion to quash fir and proceedings. (Para 8 , 9)

ORDER :

1. This criminal misc. petition under Section 482 Cr.P.C. has been preferred by the petitioners for quashing the FIR No.124/2023 registered at Police Station Beechhwal, Distt. Bikaner for the offence under Sections 384 , 388, 389, 323, 341, 120-B & 34 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 384 , 388, 389, 323, 341, 120-B & 34 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 Public Prosecutor has vehemently opposed the prayer of the petitioner.

4. 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 384 , 388, 389, 323, 341, 120- B & 34 of IPC.

5. 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 pre-dominatingly 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 ac

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