This court allowed a petition under Section 482 Cr.P.C. to quash an FIR and subsequent proceedings. The court held that since the parties had amicably resolved the dispute and compromised, exercising inherent jurisdiction to quash was appropriate to promote peace.
Impugned FIR No.615/16 and all subsequent proceedings quashed.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 1045/2017
Rakesh Ola And Ors
----Petitioner
Versus
State Of Rajasthan And Anr
----Respondent
For Petitioner(s) : Mr. S.S. Ola For Respondent(s) : Mr. Prakash Thakuriya, PP for State Ms. Komal Giri, for respondent No.2
HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
Order
17/07/2018
Present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No.615/16, registered at Police Station Behror, District Alwar for offences under Sections 386, 387/34 IPC alongwith all subsequent proceedings.
Complainant-respondent No.2 Sunil Bharadwaj is present in court. He has been identified by Ms. Komal Giri.
Sunil Bharadwaj, complainant-respondent No.2, in court has submitted that the accused had given a threat to him on telephone. A perusal of the FIR reveal that the complainant has alleged therein that the accused have given threat to liquidate him and were demanding money.
Sunil Bharadwaj, complainant-respondent No.2, has submitted that he has entered into a compromise with the accused petitioners and no longer intend to pursue the present FIR.
Learned counsel for the parties have jointly relied upon the observations made by the Supreme Court in Gian Singh v. State of Punjab & Anr. [(2012) 10 SCC 303] to contend that this Court while exercising its inherent jurisdiction under Section 482 Cr.P.C., can quash the FIR and subsequent criminal proceedings,
[CRLMP-1045/2017]
(2 of 2)
where the parties have amicably resolved the dispute in a matter which is essentially private in nature.
Since the parties, to promote everlasting peace and harmony in the society, have decided to bury the hatchet, this court is of the view that hour of the compromise is the finest hour between the respective parties.
Taking into account the submissions made by the learned counsel for the parties and considering the fact that the dispute has been resolved by the parties by way of compromise, the present petition is allowed and the impugned FIR alongwith all subsequent proceedings, is quashed.
(KANWALJIT SINGH AHLUWALIA),J
Govind/
1 issue framed by the court
Whether the FIR and subsequent proceedings should be quashed under Section 482 Cr.P.C. due to a compromise between the parties.
Colour shows how this judgement treated each authority
Gian Singh v. State of Punjab & Anr.Relied on¶16
Gian Singh v. State of Punjab & Anr. [(2012) 10 SCC 303] · Who else cites this
2 provisions across 2 enactments
Rakesh Ola And Ors
State Of Rajasthan
Sunil Bharadwaj
Kanwaljit Singh Ahluwalia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
