MANOJ KUMAR GARG
Himmat Kumar – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. This criminal misc. petition under Section 482 Cr.P.C. has been preferred by the petitioner with the prayer for quashing the FIR No. 12/2023 registered at Police Station Falasiya, Udaipur for the offence under Sections 376 , 344 of IPC and the entire criminal proceedings pursuant thereto qua the petitioner.
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 , 344 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 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 376 , 344 of IPC.
4. I have considered the arguments advanced before me and carefully gone through
Gian Singh v. State of Punjab 2012 Cr.L.J. (SC) 4934 : JT 2012(9) SC - 426
Prashant Bhartiya v. State of Delhi in Criminal Appeal No. 708 of 2021 decided on 30.07.2021
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.
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.