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2013 DIGILAW 59 (RAJ)

Devendra Kumar Saini v. State of Raj.

2013-01-09

NISHA GUPTA

body2013
ORDER BY THE COURT This Misc. Petition under Section 482 Cr.P.C. has been filed for quashing of FIR No.420/2013 PS Galta Gate, Jaipur (North) for offence under Section 379 IPC in terms of compromise entered into between the parties. Learned counsel for the petitioner/s submitted that the parties have entered into a compromise in this matter. The complainant is present in the Court and Court directed the Deputy Registrar(Judicial) to verify the compromise. In compliance of the order of the Court, the Deputy Registrar(Judicial) has verified. The only contention of the counsel for the petitioner/s is that when the matter has been compromised between the parties, the FIR should be quashed and reliance has been placed on Majlis & ors. Vs. State of Raj. & ors., 2007 (1) RLR 325. The learned counsel for the petitioner/s contended that under the inherent powers, even if an offence is not compoundable under Sections 427, 147 IPC and Section 3(1)(5) SC/ST Act even then offence can be compounded on the basis of compromise reached between the parties. The learned counsel has further contended that in catena of cases, the Hon'ble Supreme Court is of the opinion that in case the offence is more in the nature of personal wrong, rather than the wrong against the public at large, then the case can be compounded if the parties were to reach a compromise. The counsel for the respondent is also agreeable to the fact. Considering the fact that the offence alleged against the petitioner is more in the nature of personal wrong, rather than a threat to the society at large, considering the fact that parties have entered into a compromise, considering the statement given by the complainant mentioned above, this Court is of the opinion that the offence should be compounded. Consequently, the petition is hereby allowed and the impugned FIR, 420/2013 PS Galta Gate, Jaipur (North) for offence under Section 379 IPC is hereby quashed and set aside.