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SAMEER JAIN
Bijendra Singh Tanwar S/o Shri Prahalad Singh – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
SAMEER JAIN, J.
1. The instant petition is filed under the provisions of section 528 of B.N.S.S. 2023 seeking directions for quashing of F.I.R. bearing no. 425/2021 dated 09.11.2021 registered at Police Station Shastri Nagar, District Jaipur City, North for offences under sections 143, 323, 341, 379, 427, 452 of I.P.C. (Annexure-1) and the consequential proceedings arising therefrom.
2. The germane facts for consideration of the instant matter are that the complainant-respondent no. 2 lodged an F.I.R. on 09.11.2021 at the jurisdictional Police Station wherein, it was stated that the complainant and his staff were working in the complainant’s office and in early evening some people entered the premises of the said office carrying deadly weapons along them. Moreover, the said group of people assaulted the complainant and his staff and with strenuous force took away the money and mobile phone of the complainant. Resultant to the said incident the complainant suffered various grievous injuries. Moreover, the said incident was clearly recorded in the CCTV camera recording.
3. Upon being informed about the said incident the police authorities commenced their investigation however,
The court ruled that serious offences cannot be quashed based on compromise, emphasizing the need for caution in exercising inherent powers in criminal cases.
The power of the High Court in quashing a criminal proceeding or FIR in exercise of its inherent jurisdiction is distinct and different from the power given to a criminal court for compounding the of....
The inherent jurisdiction of the High Court under Section 482 of the Cr.P.C. allows for the quashing of FIRs when the parties have settled their disputes amicably, provided the offences do not involv....
Quashing of an FIR under Section 482 Cr.P.C. requires a thorough examination of the case's facts, especially for serious offenses with significant social implications.
The main legal point established in the judgment is the court's inherent jurisdiction to quash criminal proceedings or FIR on the ground of settlement between the offender and the victim, as guided b....
The inherent jurisdiction of the High Court under Section 482 CrPC can be invoked to quash FIRs in cases where the dispute is predominantly civil and a compromise has been reached, provided the possi....
The court's decision was based on the application of the inherent jurisdiction under Section 482 Cr.P.C. and the principles laid down by the Apex Court in Gian Singh vs. State of Punjab and Another, ....
The main legal point established is that the High Court has inherent powers under Section 482 of the Code of Criminal Procedure to quash criminal proceedings based on a genuine compromise between the....
The High Court can quash non-compoundable offences under Section 482 if they are personal in nature and the parties have settled their disputes amicably, ensuring no adverse effect on public interest....
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