MANOJ KUMAR GARG
Hansa Kanwar – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
Manoj Kumar Garg, J.
1. The matter comes up on an application filed by the petitioners for early hearing of the matter.
2. For the reasons mentioned in the application (Inward No. 01/2023), the application is allowed. The matter is being heard and decided today itself.
3. This criminal misc. petition under Section 482 Cr.P.C. has been preferred by the petitioners for quashing the FIR No. 100/2023 registered at Police Station Sandero, Distt. Pali for the offence under Sections 342 , 323, 354, 509 & 376 of IPC and Sections 3(1)(w)(i), 3(2)(va), 3(1)(c) & 3(1)(e) of SC/ST (Prevention of Atrocities) Act and entire criminal proceedings pursuant thereto, on the basis of compromise arrived at between the parties.
4. Learned Counsel for the petitioner has submitted that the complainant-respondent No. 2 and the petitioner have already entered into compromise and on the basis of it, there is no possibility of conviction of the petitioner for the offences punishable under Sections 342 , 323, 354, 509 & 376 of IPC and Section 3(1)(w)(i), 3(2)(va), 3(1)(c) and 3(1)(e) of SC/ST Act. It is also argued that no useful purpose would be served by continuing the trial against the petitioner for
Prashant Bhartiya v. State of Delhi, Criminal Appeal No. 708 of 2021
The court may quash FIRs based on mutual compromise when there's no likelihood of conviction.
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.
The court established that mutual compromise can lead to quashing of criminal proceedings under Section 482 Cr.P.C. if the offences are not serious and justice is served.
When once disputes have been settled by mutual compromise, then no useful purpose would be served by keeping criminal proceedings pending.
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