The High Court quashed FIR under IPC and SC/ST Act. Petitioners argued a verified compromise existed. Relying on Gian Singh, the Court held that verified compromise promoted social harmony and warranted quashing the proceedings under Section 482 Cr.P.C.
The impugned FIR No. 682/2014 along with all subsequent proceedings was quashed.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
----Petitioners
Versus
----Respondents
For Petitioner(s) : Mr. Nav Ratan Singh For Respondent(s) : Ms. Meenakshi Pareek PP
HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
/Order/
17/07/2018
The present petition has been filed under Section 482 Cr.P.C. seeking quashing of proceedings arising out of FIR No. 682/2014 registered at Police Station Harmada, Jaipur for the offences under Sections 323, 341 IPC and Section 3(1) (XI) of SC/ST (Prevention of Atrocities) Act.
(2 of 3)
[CRLMP-6567/2016]
The learned counsel for the petitioners has contended that in the above said FIR, final report in negative form was submitted and thereafter, the complainant filed a protest petition, in which, the court of Metropolitan Magistrate, No.25, Jaipur Metropolitan, Jaipur took cognizance of offences under Sections 323, 341 IPC and Section 3(1) (XI) of SC/ST (Prevention of Atrocities) Act, against the petitioners.
The learned counsel for the petitioners has contended that after the petitioners filed the present petition, a co-ordinate Bench on 27.3.2017 had passed the following order:-
“Learned Counsel for petitioners Mr. Nav Ratan Singh submtis that petitioners/accused and respondent no.2/complainant and victim are neighbours and they have settled their dispute amicably, therefore impugned FIR No. 682/2014 under Sections 323,341 IPC and Section 3 (1)(XI) of SC/ST (P.A.) Act cases, Jaipur Metro may be quashed. He submits that respondent no.2/complainant Dharamveer and Ms. Nanchi @ Rekha victim are also present before this Court.
Heard.
Petitioners/accused and respondent no.2 and victim Ms. Nanchi @ Rekha are directed to appear before the concerned Judge on or before 10.04.2017 and submit their compromise. Learned Judge is directed to verify the compromise so submitted and record the statement of victim/victims and send the compromise so verified and statements of victim/victims to this Court forthwith.
List again on 24.04.2017.”
Learned counsel for the petitioners has contended that in pursuance of the aforesaid order, compromise has been verified by the trial court and the trial court has submitted report to this Court. The said report submitted by the trial court reads as under:-
“mijksDr lanfHkZr fo"k;kUrxZr fuosnu gS fd izFke lwpuk fjiksVZ la[;k 682@2014 iqfyl Fkkuk gjekMk] t;iqj] vijk/k vUrxZr /kkjk
(3 of 3) [CRLMP-6567/2016]
341] 323 Hkkjrh; n.M lafgrk ,ao /kkjk 3(1)(xi) vuqtkfr@tutkfr¼vR;kpkj fuokj.k½ vf/kfu;e esa ,l-ch-fØ-fel¼fifV’ku½ua6567@2016 pkWney tkafxM o vU; cuke jkT; o vU; esa ekuuh; mPp U;k;ky; }kjk ikfjr vkns’k fnukad 27-03-2017 ds vuqlkj ifjoknh /keZohj ,ao uUNh ds c;ku izLrqr jkthukes ds laca/k esa ysrs gq,] jkthukek osjhQkbZ dj ewy gh vfxze ,ao vko’;d dk;Zokgh gsrq izsf"kr gSA”
In view of verification of compromise by the trial court, it is apparent that the parties have buried their hatches to bring an end to the bad blood and feud. Parties have decided to promote ever lasting peace, amity and harmony in order to preserve social fiber of the society.
The learned counsel for the parties have jointly relied upon Gian Singh vs. State of Punjab & Another, (2012) 10 SCC 303 , to contend that that this Court under Section 482 Cr.P.C. can quash the proceedings to advance the interest of justice.
After hearing the learned counsel for the parties, this Court is of the view that the compromise is finest hour between the parties and this Court ought to grant due sanctity to the amicable resolution of dispute between the parties.
Consequently, taking totality of circumstances, and ratio of law laid in the case of Gian Singh (supra), the present petition is accepted and the impugned FIR along with all subsequent proceedings is quashed.
(KANWALJIT SINGH AHLUWALIA),J
Mak/-
2 issues framed by the court
Whether proceedings under Section 482 Cr.P.C. should be quashed in light of a verified compromise regarding offences under SC/ST (Prevention of Atrocities) Act.
Whether the trial court's verification of compromise between neighbours warrants quashing of the FIR to promote social harmony.
Colour shows how this judgement treated each authority
Gian Singh vs. State of PunjabRelied on¶30
(2012) 10 SCC 303 · Who else cites this
3 provisions across 3 enactments
Chandmal Jangid
Savitri Devi
Trilok Jangid
Sushila Devi
State Of Rajasthan
Dharmveer Jaibhariya
Kanwalsingh Ahluwalia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
