MANOJ KUMAR GARG
Prince Pachori – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. petitioner seeks to quash fir based on compromise. (Para 1 , 2) |
| 2. court's assessment and decision to quash is justified by the circumstances. (Para 4 , 9) |
| 3. supreme court precedents establishing conditions for quashing. (Para 5 , 7) |
ORDER :
1. This criminal misc. petition under Section 482 Cr.P.C. has been preferred by the petitioner for quashing the FIR No.28/2022 registered at Police Station Dhanmandi, Distt. Udaipur for the offence under Sections 376 & 506 of IPC and entire criminal proceedings pursuant thereto, on the basis of compromise arrived at between the parties.
2. 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 376 & 506 of IPC. It is also argued that no useful purpose would be served by continuing the trial against the petitioner for the aforesaid offences because the same may derail the compromise arrived at between the parties.
3. Learned Public Prosecutor submits that the complainant has filed an application before the Investigation Offic
Prashant Bhartiya v. State of Delhi, Criminal Appeal No.708 of 2021
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 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.
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