The court can quash criminal proceedings under Section 482 Cr.P.C. when parties have amicably settled their disputes, even for non-compoundable offences.

Order

22/01/2024

1. By way of this misc. petition under Section 482 Cr.P.C , a prayer has been made to quash the criminal proceedings arising out of FIR No.249/2023 registered at Police Station Kardhani, District Jaipur (West) for offences u/s 323, 341, 307 & 498-A of IPC.

2. It has been submitted that the impugned FIR was lodged by wife in respect of giving some beatings by the husband and later on in the interest of family, both have amicably settled the dispute. It has jointly been prayed that in view of the compromise arrived at between parties, the impugned FIR and the consequential proceedings be quashed and set aside. Compromise dated 26.12.2023 has been placed on record.

3. Counsel for both parties, with the assistance of parties present in person, have verified the terms and conditions of the compromise and with consent of counsel for both parties, the certified copy of same is taken on record. It has been jointly prayed that in view of such compromise, the impugned FIR with all consequential proceedings be quashed and set aside.

3. The Hon’ble Supreme Court in Jasmair Singh Vs. State of Haryana [(2022) 9 SCC 73] , while dealing with the quashment of matrimonial dispute, has held that since parties buried hatchet and decided to give quietus to proceedings which were lodged inter se, hence going by law declared in Gian Singh Vs. State of Punjab [(2012) 10 SCC 303] , held, case was eminently suitable to be considered for exercise of jurisdiction under Section 482 Cr.PC for quashment of criminal proceedings.

4. The Hon’ble Supreme Court in another case of Ramgopal Vs. The State of Madhya Pradesh reported in [2022 (14) SCC 531] observed as follows:

“12. The High Court, therefore, having regard to the nature of the offence and the fact that parties have amicably settled their dispute and the victim has willingly consented to the nullification of criminal proceedings, can quash such proceedings in exercise of its inherent powers under Section 482 Cr.P.C ., even if the offences are non- compoundable.”

5. In view of legal proposition of law laid down by the Apex Court in aforesaid cases, and considering the fact that the dispute, being personal and private in nature, has been amicably settled between parties, this Court deems it just and proper to allow the present misc. petition.

6. As a final result, present criminal miscellaneous petition is allowed and criminal proceedings arising out of FIR No.249/2023 registered at Police Station Kardhani, District Jaipur (West) is hereby quashed and set aside.

7. All pending application(s), if any, stand disposed of.