MANOJ KUMAR GARG
Ruparam – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. background of the petition for quashing (Para 1) |
| 2. parties have reached a compromise (Para 2 , 3) |
| 3. court analysis regarding the compromise (Para 4 , 5) |
| 4. final ruling on the petition (Para 6 , 7) |
ORDER :
1. The instant criminal misc. petition under Section 482 Cr.P.c. has been filed by the petitioners for quashing of criminal proceedings in Criminal Regular Case No. 610/2021 pending before learned Additional Chief Judicial Magistrate, Sujangarh for offence under Sections 408 , 420 IPC on the basis of compromise.
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 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 criminal proceedings initiated by the respondent No. 2 against the petitioners may be quashed.
3. Counsel for the respondent No. 2 concurs the fact of compromise and submits that in view of the compromise, the respondent No. 2 does not want to proceed further in the matter.
4. Heard the l
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 compoundi....
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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