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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE MANOJ KUMAR GARG, J
Teja Ram – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
MANOJ KUMAR GARG, J.
The instant criminal misc. petition underSection 528 BNSS has been filed by the petitioners for quashing the FIR No.93/2021 registered at Police Station Jhanwar, Distt. Jodhpur as well as all consequential proceedings pending before the learned Metropolitan Magistrate No.3, Jodhpur Metropolitan in Sessions Case No.9716/2021 for offences under Sections 147 , 149 , 323 , 341 and 365 of IPC on the basis of compromise.
2. Counsel for the petitioners submits that the matter has already been compromised between the parties and it is borne out from the compromise that respondent No.2 is not inclined to proceed further in the matter. Counsel has placed reliance on a decision of Supreme Court in the case of Gian Singh Vs. State of Punjab & Anr. [ (2012) 10 SCC 303 ]. In these circumstances, the FIR lodged by the respondent No.2 against the petitioners may be quashed.
3. Counsel for the respondent concurs the fact of compromise and submits that in view of the compromise, the respondent No.2 does not want to proceed further in the matter.
4. In view of compromise arrived at between the parties and applying the ratio in decision of Gian Singh (Supra), I deem it just and
Compromise between parties allows for quashing of FIR under inherent powers when no public interest is affected, as established in Gian Singh case.
The court can invoke inherent powers under Section 482 Cr.P.C. to quash criminal proceedings based on compromise between the parties.
Compromise between parties can lead to quashing of FIR in criminal cases, provided it aligns with legal principles established by the Supreme Court.
The court can invoke inherent powers under Section 482 Cr.P.C. to quash FIR and consequential proceedings based on compromise between the parties.
The High Court may exercise its inherent powers to quash criminal proceedings for non-compoundable offences where the dispute is private and personal, the parties have reached an amicable settlement,....
The court established that FIRs can be quashed when there is a compromise between the parties, reinforcing the application of inherent powers under Section 482 Cr.P.C. in such cases.
The court can invoke inherent powers under Section 482 Cr.P.C. to quash criminal proceedings based on a compromise between the parties.
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