[2024:RJ-JD:48825]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 2731/2023 Kasu @ Kasam Khan S/o Sh. Resham Khan, Aged About 25 Years, R/o Chanani, Tehsil Pokaran, District Jaisalmer, Raj. ----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Bismila W/o Mathar Khan, B/c Musalman, R/o Chanani, P.s. Lathi, District Jaisalmer, Raj.
----Respondents
For Petitioner(s) : Mr. Abdul Kadir
For Respondent(s) : Mr. Vikram Rajpurohit, DyGA Ms. Deepika Purohit, for the
complainant
HON'BLE MR. JUSTICE FARJAND ALI Order
25/11/2024
1. The instant criminal miscellaneous petition has been filed under Section 482 of the CrPC for quashing of FIR No.26/2023 registered at Police Station Lathi, District Jaisalmer for the offences under Sections 354A, 354D and 509 of the IPC.
2. It is submitted by learned counsel for the petitioner that the dispute in between the parties has been resolved through an amicable settlement and now, there remains no controversy in between them and the parties do not wish to continue the criminal proceedings further. A copy of the compromise deed executed between the parties has been placed on the record.
3. On the other hand, learned counsel appearing for complainant-respondent admits the fact of compromise and
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submits that he is willing if the FIR and the proceedings are quashed on the basis of compromise entered in between the parties.
4. Learned Public Prosecutor has opposed the petition.
5. Heard, perused the material available on record more particularly the nature of allegation and the compromise deed executed in between the parties. The parties to the lis have resolved their dispute amicably and do not wish to continue the criminal proceedings and have jointly prayed for quashing of the same. Some of the offences alleged in this matter are non- compoundable, however, Hon'ble Supreme Court in the case of
Gian Singh Vs. State of Punjab [(2012) 10 SCC 303] has propounded that if it is convinced that offences are entirely personal in nature and do not affect the public peace or tranquility and where it feels that quashing of such proceedings on account of compromise would bring about peace and would secure ends of justice, the High Court should not hesitate to quash the same by exercising the inherent powers vested in it. It is observed that in such cases, the prosecution becomes a lame prosecution and pursuing such a lame prosecution would be a waste of time and energy that will also unsettle the compromise and obstruct restoration of peace. This court is aptly guided by the principles propounded by Hon'ble the Supreme Court and feels that where the dispute is essentially inter se between the parties, either they are relatives, neighbours or having business relationship and which does not affect the society at large, then in such cases, with a view to maintain harmonious relationships between the two
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sides, to end-up the dispute in between them permanently as well as for restitution of relationship, the High Court should exercise its inherent power to quash the FIR and all other subsequent proceedings initiated thereto.
6. Here in this case, though some of the offences are not compoundable but the parties have settled the dispute amicably and that is essentially in between the parties which is not affecting public peace and tranquility, therefore, with a view to maintain the harmony and to resolve the dispute finally in between the parties, it is deemed appropriate to quash the FIR and all further proceedings undertaken in pursuance thereof.
7. Accordingly, the criminal miscellaneous petition is allowed and the FIR mentioned above, and all further proceedings undertaken in pursuance thereof are hereby quashed and set aside. If the petitioner is on bail, his bail bonds shall stand discharged. The SHO concerned is directed to file a closure report with the concerned Judicial Magistrate within a period of one month from the date of receiving copy of this order.
8. The stay petition also stands disposed of.
(FARJAND ALI),J
219-Pramod/-
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