MANOJ KUMAR GARG
Anil – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. This criminal misc. petition under Section 482 Cr.P.C. has been preferred by the petitioner for quashing the FIR No. 166/2023 registered at Police Station Kotwali Pali, Distt. Pali for the offence under Sections 354 , 376 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 354 , 376 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 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 petitioner in relation to offences punishable under Sections 354 , 376 IPC.
4. I have considered the arguments advanced before me and carefu
Gian Singh v. State of Punjab 2012 Cr.L.J. (SC) 4934 : JT 2012(9) SC 426
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 High Court can quash criminal proceedings based on private compromise when the nature of the offences is such that continuation would lead to oppression or injustice, particularly in civil-center....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.