HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE FARJAND ALI, J
PAWAN KUMAR TIWARI – Appellant
Versus
STATE OF RAJASTHAN – Respondent
ORDER :
(FARJAND ALI, J.)
1. The instant criminal misc. petition has been filed under Section 482 Cr.PC for quashing of proceedings in Criminal Case No.116/2021 pending in the Court of Additional Chief Judicial Magistrate, Jodhpur Metropolitan, Jodhpur for the offences under Sections 498A & 406 of the IPC .
2. It is submitted by learned counsel for the petitioners 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. 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.
4. Learned Public Prosecutor has opposed the petition.
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.
The court can quash proceedings for non-compoundable offences if the dispute is personal and does not affect public peace, promoting harmony between parties.
The court can quash FIRs in personal disputes not affecting public peace to restore harmony, even for non-compoundable offences.
The court may quash criminal proceedings based on amicable settlement between parties when disputes are personal and do not affect public peace.
The High Court can quash non-compoundable offences if they are personal in nature and do not affect public peace, promoting harmony between parties.
The High Court may quash non-compoundable offences if they arise from personal disputes that do not affect public peace, promoting amicable resolutions.
Personal disputes can be quashed if they do not affect public peace, allowing for the exercise of inherent powers in such cases.
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 court can quash non-compoundable offences if the dispute is personal and does not affect public peace, promoting justice and harmony.
Quashing of non-compoundable FIRs is permissible when disputes are personal, do not affect public peace, and are resolved amicably.
The court can quash non-compoundable offences if the dispute is personal and does not affect public peace, promoting harmony between parties.
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