The High Court of Rajasthan allowed a cognizable FIR case quashing petition filed under Section 482 Cr.P.C., holding that upon the parties reaching an amicable compromise, it was just and proper to quash the proceedings relying on Supreme Court precedent.
FIR No.46/2021 dated 29.01.2021 and consequential criminal proceedings were quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 1091/2021
----Respondents
(2 of 3)
[CRLMP-1091/2021]
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA
Order
20/07/2021
This criminal miscellaneous petition has been filed by the petitioners under Section 482 Cr.P.C. for quashing FIR No.46/2021 dated 29.01.2021 registered at Police Station Kho-Nagoriyan, District Jaipur City (East) for the offence under Sections 341, 323, 447 and 427 of IPC and consequential criminal proceeding.
Learned counsel for the petitioners as well as learned counsel for the respondents submitted that compromise has been arrived between the parties and they have settled their dispute. So, criminal proceedings pending between them, be set aside.
Learned Public Prosecutor has opposed the arguments advanced by learned counsel for the petitioners.
Learned counsel for the complainant acknowledging the factum of compromise between the parties and submitted that they have no objection if the FIR in question and consequential criminal proceeding are quashed.
Heard learned counsel for both the parties and perused the record.
A perusal of the material on record shows that the dispute between the parties has amicably been settled by them. In view of compromise and the law laid down by the Hon’ble Apex Court of India in cases of Gian Singh Vs. State of Punjab (2012) 10 SCC 303 and Narinder Singh Vs. State of Punjab (2014) 6 SCC 466 , this Court deems it just and proper to quash the FIR in question and consequential criminal proceeding.
Resultantly, this criminal miscellaneous petition is allowed. The FIR No.46/2021 dated 29.01.2021 registered at Police Station
(3 of 3)
[CRLMP-1091/2021]
Kho-Nagoriyan, District Jaipur City (East) for the offence under Sections 341, 323, 447 and 427 of IPC and consequential criminal proceedings are quashed.
(NARENDRA SINGH DHADDHA),J
Jatin /43
3 issues framed by the court
Whether the First Information Report (FIR) and consequential criminal proceedings under Section 482 Cr.P.C. can be quashed upon proof of a compromise between the parties.
Whether Section 341, 323, 447 and 427 of Indian Penal Code offences are suitable for quashing based on settlement.
Whether the High Court exercised its inherent powers to quash the prosecution on the basis of amicable settlement.
Colour shows how this judgement treated each authority
Gian Singh Vs. State of PunjabRelied on¶30
Gian Singh Vs. State of Punjab (2012) 10 SCC 303 · Who else cites this
Narinder Singh Vs. State of PunjabRelied on¶30
Narinder Singh Vs. State of Punjab (2014) 6 SCC 466 · Who else cites this
2 provisions across 2 enactments
Lala Ram
Raju Susawat
Pharlad
Kailash
Ramji Lal
Ravi
Narendra Singh Dhaddha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
