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MANOJ KUMAR GARG
Chandan Singh – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. This criminal misc. petition under Section 482 Cr.P.C. has been preferred for quashing of the criminal proceedings pending against the petitioner before the court of Additional Chief Judical Magistrate, Osiya in Criminal Case No. 269/2020 (State v. Shambhu Singh and ors.) arising out of FIR No. 90/2020, Police Station Kherapa, Jodhpur for offence under Sections 147 , 447, 427, 323 of IPC. Learned Magistrate vide order dated 30.01.2023 while partly allowing the application filed by the parties accept the compromise for offences under Sections 323 , 447, 427/149 but refused to compound the offence under Sections 147 , 148/149 IPC.
2. The complainant-respondent No. 2 has concurred the fact of compromise and submits that they 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 147 , 148/149 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. I have considered the arguments advanced before me and carefully gon
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.
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....
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