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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
MR. JUSTICE GANESH RAM MEENA, J
SADDA @ SADDAM S/O IDRISH – Appellant
Versus
STATE OF RAJASTHAN – Respondent
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
Compromise between parties can lead to quashing of FIR in criminal cases, provided it aligns with legal principles established by the Supreme Court.
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 quash criminal proceedings based on a compromise between the parties, prioritizing justice and practicality over the formalities of compounding offences.
The court may quash criminal proceedings if the parties have settled their disputes, even for non-compoundable offences, to prevent futile litigation and secure justice.
Inherent jurisdiction can be exercised to quash non-compoundable offences when parties reach a compromise and public interest is not harmed.
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