HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE FARJAND ALI, J
Prithvi Singh - Appellant
Versus
State of Rajasthan - Respondent
CRLMP / 8340 / 2024
Decided On : 06-02-2025
(A) Code of Criminal Procedure, 1973 - Section 482 - Indian Penal Code, 1860 - Sections 420, 406 & 120-B - Quashing of FIR - Petition filed for quashing FIR No.477/2024 due to amicable settlement between parties - Compromise acknowledged by both parties, and learned Public Prosecutor opposed the petition - Court noted that some offences are non-compoundable but referred to Gian Singh Vs. State of Punjab [(2012) 10 SCC 303] which allows quashing of proceedings if they are personal in nature and do not affect public peace - Court deemed it appropriate to quash the FIR to maintain harmony and resolve the dispute permanently. (Paras 1-7)
(B) Inherent Powers of High Court - The court emphasized that where disputes are inter se between parties and do not affect society at large, the High Court should exercise its inherent powers to quash FIRs to restore peace and harmony. (Paras 5-6)
Facts of the case:
The petitioner filed a criminal miscellaneous petition to quash FIR No.477/2024 for offences under IPC sections due to an amicable settlement between the parties, who no longer wished to pursue the criminal proceedings.
Findings of Court:
The court observed that the dispute was personal and did not affect public peace, leading to the decision to quash the FIR and related proceedings.
Issues: The main issue was whether the FIR could be quashed based on the amicable settlement between the parties.
Ratio Decidendi: The court ruled that in cases where offences are personal and do not disturb public peace, quashing the FIR serves the interests of justice and harmony.
Result: Petition allowed; FIR quashed.
Order :
1. The instant criminal misc. Petition has been filed under Section 482 Cr.PC/under Section 528 of B.N.S.S. for quashing of FIR No.477/2024 registered at Police Station Jaitaran, District Pali for the offences under Sections 420, 406 & 120-B IPC.
2. It is submitted by learned counsel for the petitioner that the dispute in between the parties has been resolved through an amicable settlement and now, there remains no controversy in between them and the parties do not wish to continue the criminal proceedings further.
3. Learned Public Prosecutor has opposed the petition.
4. On the other hand, learned counsel appearing for complainant- respondent admits the fact of compromise and submits that he is willing if the FIR and the proceedings are quashed on the basis of compromise entered in between the parties.
5. Heard, perused the material available on record more particularly the police report, nature of allegation and the compromise deed executed in between the parties. The parties to the lis have resolved their dispute amicably and do not wish to continue the criminal proceedings and have jointly prayed for quashing of the same by filing a joint application before the trial court. Some of the offences alleged in this matter are non-compoundable, however, Hon’ble Supreme Court in the case of Gian Singh Vs. State of Punjab [(2012) 10 SCC 303] has propounded that if it is convinced that offences are entirely personal in nature and do not affect the public peace or tranquility and where it feels that quashing of such proceedings on account of compromise would bring about peace and would secure ends of justice, the High Court should not hesitate to quash the same by exercising the inherent powers vested in it. It is observed that in such cases, the prosecution becomes a lame prosecution and pursuing such a lame prosecution would be a waste of time and energy that will also unsettle the compromise and obstruct restoration of peace. This court is aptly guided by the principles propounded by Hon’ble the Supreme Court and feels that where the dispute is essentially inter se between the parties, either they are relatives, neighbours or having business relationship and which does not affect the society at large, then in such cases, with a view to maintain harmonious relationships between the two sides, to end-up the dispute in between them permanently as well as for restitution of relationship, the High Court should exercise its inherent power to quash the FIR and all other subsequent proceedings initiated thereto.
6. Here in this case, the parties have settled the dispute amicably and that is essentially in between the parties which is not affecting public peace and tranquility, therefore, with a view to maintain the harmony and to resolve the dispute finally in between the parties, it is deemed appropriate to quash the criminal proceedings mentioned above as well as any other proceedings arising out of the above FIR.
7. Accordingly, the criminal miscellaneous Petition is allowed and entire proceeding in FIR No.477/2024 registered at Police Station Jaitaran, District Pali for the offences under Sections 420, 406 & 120-B IPC are hereby quashed and set aside. The accused are acquitted from the charge and their bail bonds are discharged.
8. The SHO concerned shall submit the closure report within a period of one month.
9. The stay petition also stands disposed of.
The High Court can quash FIRs for personal disputes that do not affect public peace, emphasizing the importance of amicable settlements in maintaining harmony.
The High Court can quash non-compoundable FIRs when disputes are personal and do not affect public peace, as guided by precedent.
The High Court can quash a non-compoundable FIR based on an amicable settlement between parties when it does not affect public peace.
The court can quash non-compoundable offences if the dispute is personal and does not affect public peace, promoting harmony between parties.
Quashing of non-compoundable FIRs is permissible when disputes are personal, do not affect public peace, and are resolved amicably.
Personal disputes that do not affect public peace may be quashed by the High Court to restore harmony, following the precedent set in Gian Singh Vs. State of Punjab.
The High Court can quash non-compoundable offences if parties resolve disputes amicably and it does not affect public peace, exercising inherent powers for justice.
The court can quash non-compoundable offences if the dispute is personal and does not affect public peace, promoting justice and harmony.
The High Court can quash non-compoundable offences if the dispute is personal and does not affect public peace, aiming to restore harmony between parties.
Non-compoundable offences may be quashed if they are personal in nature and do not affect public peace, promoting harmony between parties.
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