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2025 Supreme(RAJ) 1117

HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
MR. JUSTICE GANESH RAM MEENA, J
SADDA @ SADDAM S/O IDRISH – Appellant
Versus
STATE OF RAJASTHAN – Respondent
CRLMP / 675 / 2025



Advocates:
Mr. Surendra Singh, Mr. Amit Punia, PP, Mr. Sunil Kumar Swami for complainant

Compromise between parties can lead to quashing of FIR in criminal cases, provided it aligns with legal principles established by the Supreme Court.

Headnote:(A) Indian Penal Code - Sections 341, 323, 384, 143, 327, and 316 - Quashing of FIR - Petitioners sought to quash FIR No.234/2010 for offences under IPC sections, citing compromise between parties - Trial Court attested compromise for some offences but rejected it for others as non-compoundable - Complainant expressed no objection to quashing - Court exercised inherent jurisdiction under Section 528 of B.N.S.S. (Paras 1, 2, 5, 8)

(B) Compromise in Criminal Cases - The Supreme Court has held that compromise can be accepted in certain cases provided parties have settled their disputes amicably - This principle was applied in the present case. (Paras 8)

(C) Exercise of Inherent Jurisdiction - The court found it appropriate to quash the FIR based on the compromise and the law laid down by Supreme Court in relevant cases. (Paras 8)

Facts of the case:
The petitioners filed a criminal misc. petition to quash an FIR after entering into a compromise, which the trial court partially accepted. The complainant stated she did not wish to pursue the matter further.

Findings of Court:
The court allowed the petition, quashing the FIR and all consequential proceedings based on the compromise.

Issues: The main issues included whether the compromise could be accepted for non-compoundable offences and the appropriateness of quashing the FIR.

Ratio Decidendi: The court determined that inherent jurisdiction could be exercised in this case due to the amicable resolution between the parties, supported by precedents from the Supreme Court.

Result: Petition allowed; FIR quashed.

Order :

1. This criminal misc. petition under Section 528 of BNSS has been filed by the petitioners with a prayer to quash and set aside the impugned FIR No.234/2010 registered at Police Station Pahadi, District Bharatpur for the offences punishable under Sections 341, 323 , 384 & 143 of IPC alongwith all consequential proceedings. Later on, charges were framed for the offences punishable under Sections 323, 341 , 327 & 316 of IPC .

2. Learned counsel for the petitioners submits that the parties have entered into a compromise and submitted an application before the Court of learned Additional District & Sessions Judge, Kaman, District Bharatpur on 16.01.2025 to attest the compromise. However, the learned trial Court attested the compromise as regards the offences under Sections 323 & 341 of IPC and rejected the same as regards the offences under Sections 327 & 316 IPC observing that the trial is pending.

3. Heard.

4. The parties after removing their bad blood have entered into a compromise and the complainant has submitted an application before the learned Additional District & Sessions Judge, Kaman, District Bharatpur on 16.01.2025 wherein, the complainant has stated that she does not want any further proceedings in the matter.

5. The learned trial Court vide order dated 17.01.2025 attested the compromise as regards the offences under Sections 323 & 341 IPC , however, denied to attest the compromise for the offence under Section 327 & 316 IPC as the same are not compoundable.

6. Learned counsel appearing for the complainant admits the fact of compromise arrived at between the parties. Counsel; on instructions, submits that the complainant has no objection if impugned FIR No.234/2010 registered at Police Station Pahadi, District Bharatpur is quashed.

7. Considered the submissions made at bar and also perused the relevant material available on record.

8. Having regard to the submissions made by the counsels appearing for the parties so also the fact of compromise arrived at between the parties as well as the law laid down by the Hon’ble Supreme Court in the cases of Gian Singh Vs. State of Punjab & Anr. (2012 Cr.L.J. (SC) 4934) and State of Haryana & Ors. Vs. Ch. Bhajan Lal & Ors. (AIR 1992 SC 604), this Court feels that it is a fit case to exercise inherent jurisdiction of this Court provided under Section 528 of B.N.S.S.

9. Accordingly, this criminal misc. petition is allowed and the impugned FIR No.234/2010 registered at Police Station Pahadi, District Bharatpur alongwith all consequential proceedings are hereby quashed.

10. Pending application, if any, also stands disposed of.

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