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2023 Supreme(Raj) 2238

IN THE HIGH COURT OF RAJASTHAN
Manoj Kumar Garg, J.
Narayan – Petitioner
Versus
State of Rajasthan and Others – Respondents
S.B. Criminal Misc. (Pet.) No. 2402 of 2023
Decided On : 15-05-2023

Advocates:
Advocate Appeared:
For the Petitioners: Rajendra Charan
For the Respondent: S.S. Rajpurohit, Nepal Singh

Headnote:(A) Indian Penal Code - Sections 342, 506, 376(2)(n) - Protection of Children from Sexual Offences (POCSO) Act - Sections 5L/6 - Quashing of FIR - Petition under Section 482 Cr.P.C. for quashing FIR and proceedings due to compromise between parties - No possibility of conviction established, thus, continuation of trial not justified. (Paras 1, 2, 4, 8, 10)

(B) Compromise - Nature of offences - Court reflects on the principle that heinous crimes often cannot be quashed even with a compromise, emphasizing cases of personal or private wrongs are more susceptible to being resolved. (Para 7)

Facts of the case:
The petitioner sought quashing of FIR for offences under IPC and POCSO Act based on a compromise with the complainant-respondent, who no longer wished to press charges.

Findings of Court:
The court affirmed that no useful purpose would be served by continuing criminal proceedings in this matter, given the mutual settlement.

Issues: The principal issue was whether a compromise could justify the quashing of serious criminal charges under IPC and POCSO.

Ratio Decidendi: The court concluded that the settlement between the parties voided the basis for further prosecution, viewing it as fair and just to quash proceedings where the possibility of conviction was deemed remote.

Result: Petition allowed; FIR and proceedings quashed.

Table of Content
1. petition for quashing fir based on compromise. (Para 1)
2. arguments regarding resolution of dispute and lack of prosecution interest. (Para 2 , 3)
3. court's consideration of arguments and material. (Para 4)
4. judicial precedents guiding quashing of fir based on compromise. (Para 5 , 7)
5. court's reasoning for allowing quash based on settled disputes. (Para 8 , 9)
6. final order to quash fir and associated proceedings. (Para 10 , 11)

ORDER :

1. This criminal misc. petition under Section 482 Cr.P.C. has been preferred by the petitioner for quashing the FIR No. 0067/2023 registered at Police Station Raipur, Distt. Bhilwara for the offence under Sections 342 , 506, 376(2)(n) of IPC and Section 5L/6 of POCSO Act and entire criminal proceedings pursuant thereto qua the petitioner, 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 Section 342 , 506, 376(2)(n) of IPC and Section 5L/6 of POCSO Act. 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 342 , 506, 376(2)(n) of IPC and Section 5L/6 of POCSO Act.

4. I have considered the arguments advanced before me and carefully gone through the material available on record.

5. This Court is conscious of the judgment rendered by Hon'ble Supreme Court in the matter of Prashant Bhartiya v. State of Delhi & Ors. in Criminal Appeal No. 708 of 2021 decided on 30.07.2021, relevant portion of which reads as follows:

    “3. Respondent No. 2 had lodged a complaint alleging, inter alia, that the Appellant had committed an offence under Section 376 of the Indian Penal Code. It is undisputed that both the Accused (Appellant) and Respondent No. 2 were living together for a considerable while. The complainant's allegation is that the Appellant duped her by misrepresenting to her that he is divorced. The complainant, according to the accused, is not unmarried and her marriage subsists.

    4. During pendency of the proceedings, the parties were referred to mediation having regard to the fact that a child was born in the meanwhile (i.e. in the year 2018). As a consequence, a mediated settlement limited to the maintenance and upkeep of the child was arrived at by them.

    5. Having regard to these facts and the submissions made on behalf of the complainant - who does not dispute that this may not be an appropriate case for pursuing the prosecution further, this Court is of the considered view that the criminal proceedings must be quashed.

    6. In the peculiar circumstances of the present case, the impugned judgment of the High Court is set aside; the FIR (No. 616) and all consequent proceedings be quashed. It is, however, made clear that this order will not come in the way or in any manner prejudice the contentions of the parties in any other pending proceedings, which shall 20-09-2022 be decided in accordance with law.

    7. The appeal is allowed to the above extent.”

6. Learned counsels for the petitioner has submitted the following order for consideration passed by this Court in S.B. Criminal Misc. (Petition) No. 4119/2021 decided on 06.04.2022 ( Dhabba Nath v. State of Rajasthan & Anr.), which reads as follows:

    “1. By way of this criminal misc. petition under Section 482 of the Code of Criminal Procedure, the accused-petitioner has approached this Court with a prayer to quash the FIR No. 94/2021 registered at Po

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