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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
MR. JUSTICE GANESH RAM MEENA, J
KARAN SAXENA SON OF MAHENDRA NARAYAN SAXENA – Appellant
Versus
STATE OF RAJASTHAN – Respondent
Order :
1. The present criminal misc. petition under Section 528 B.N.S.S. has been filed by the petitioner with a prayer to quash and set aside the proceedings of Criminal Case No.249/2021; State vs. Karan Saxena for offence under Section 498-A & 406 of IPC pending before the Court of learned Chief Judicial Magistrate Jaipur Metropolitan-I in connection with FIR No.94/2021 registered at Police Station Mahila Thana (East) Jaipur City for the offence under Section 498-A & 406 of IPC .
2. Learned counsel for the petitioner submits that the parties have entered into a compromise and submitted a written compromise deed before the learned court below and the court below vide order dated 09.01.2025 attested/verified the compromise as regards the offence under Section 406 IPC , however, rejected the compromise as regards the offence under Section 498-A IPC , observing that same is not compoundable.
3. Counsel for the petitioner has also placed reliance on the judgment of the Hon'ble Supreme Court in case of B.S. Joshi and Ors. vs. State of Haryana and Anr. passed in Criminal Appeal No.383/2003 arising out of SLP (Crl.) No.3416/2002 dated 13.03.2003.
4. Learned counsel appearing for the compla
Inherent jurisdiction can be exercised to quash non-compoundable offences when parties reach a compromise and public interest is not harmed.
Compromise between parties can lead to quashing of FIR in criminal cases, provided it aligns with legal principles established by the Supreme Court.
The main legal point established in the judgment is that when matrimonial disputes have been settled by mutual compromise, no useful purpose would be served by keeping the criminal proceedings pendin....
The main legal point established in the judgment is that the High Court may quash criminal proceedings in cases with overwhelmingly civil flavor or private and personal nature, where the possibility ....
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