The High Court allowed a criminal miscellaneous petition under Section 482 Cr.P.C. to quash FIR No.08/2022, holding that a valid compromise resolved the dispute between parties, thereby rendering the prosecution unnecessary.
The impugned FIR No.08/2022 registered at Police Station Ramnagariya is hereby quashed.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 1730/2022
----Petitioners Versus
----Respondents
For Petitioner(s) : Mr. Sanjay Joshi Mr. Banwari Lal Saini For Respondent(s) : Mr. Mahendra Meena, PP Mr. Rakesh Trivedi for Mr. S.S. Solanki
HON'BLE MR. JUSTICE ANOOP KUMAR DHAND
Order
15/12/2022
By way of this criminal miscellaneous petition under Section 482 of Cr.P.C., petitioners have knocked the doors of this Court with a prayer to quash the FIR No.08/2022 registered at Police Station Ramnagariya, District Jaipur City (East), on the ground that the parties have entered into a compromise by which they have settled their dispute amicably and now, no dispute remains pending between the parties.
(2 of 2)
[CRLMP-1730/2022]
Counsel for the petitioners submits that during the pendency of the investigation, the petitioners have entered into a compromise with the complainant and a written compromise has been placed on record, which indicates that the dispute between the parties has been resolved and now, no dispute remains between them.
Learned Public Prosecutor assisted by counsel for the complainant accepts the factum of compromise. The complainant is also present in person, who is duly identified by his counsel. Complainant submits that the matter has been resolved and he has no grievance against the petitioners, if the instant petition is allowed and the impugned FIR is quashed.
In view of the aforementioned and considering the submissions made on behalf of the respective parties and the material available on record for perusal of this Court and also considering the fact that the parties have resolved their dispute and looking to the principles laid down by the Hon’ble Apex Court in the case of Gian Singh Vs. State of Punjab & Anr. reported in (2012) 10 SCC 303 , the above-mentioned FIR is liable to be quashed, in view of the compromise arrived at between the parties.
In view of the above, this criminal miscellaneous petition is allowed and above-mentioned FIR is hereby quashed.
Stay application also stands disposed of.
(ANOOP KUMAR DHAND),J
PRAVESH/145
1 issue framed by the court
Whether the FIR should be quashed based on a post-filing compromise between the parties?
Colour shows how this judgement treated each authority
Gian Singh Vs. State of Punjab & Anr.Referred¶19
Gian Singh Vs. State of Punjab & Anr. reported in (2012) 10 SCC 303 · Who else cites this
1 provisions across 1 enactments
Prabhu Narayan Sharma and Others
State of Rajasthan
Sita Ram Sharma
Anoop Kumar Dhand
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
