Mahendra Singh Rathore @ Monu Banna S/O Shri Balveer Singh vs. State Of Rajasthan

Held

The Court held that the petition to quash the FIR should be dismissed. The reasoning was based on the serious nature of the allegations, which included kidnapping and extortion under threat of death. The Court cited the Supreme Court's observation in Gian Singh v. State of Punjab that while power under Section 482 Cr.P.C. is wide enough to accept compounding of non-compoundable offences, heinous offences and offences affecting society at large should not be encouraged to be compromised. The Court found the allegations of kidnapping and compelling the complainant to pay extortion money, which was paid, to be of a nature that cannot be ignored due to their social impact. Therefore, the Court was not inclined to allow the petition. The trial court was directed to expedite the trial.

Facts

The petitioner, Mahendra Singh Rathore, sought to quash an FIR registered against him for offences under Sections 323, 365, and 384 of the Indian Penal Code. The FIR alleged that individuals claiming to be from the GST Department abducted the complainant, threatened him at gunpoint, assaulted him, and extorted ₹2 Lakhs and later ₹4.80 Lakhs. The complainant supported the factum of a compromise between the parties. The petitioner relied on Supreme Court judgments regarding the quashing of FIRs based on compromise.

Key Issues

1. Whether the FIR registered for offences under Sections 323, 365, and 384 IPC can be quashed on the ground of compromise between the parties, considering the nature of the allegations and the Supreme Court's pronouncements on compounding non-compoundable offences. Petitioner's Contention: The petitioner argued that the FIR should be quashed based on the compromise reached between the parties, relying on judgments like Jayrajsinh Digvijaysinh Rana v. State of Gujarat. The presence of the informant in court supporting the compromise was highlighted. Revenue/State's Contention: The State, through its counsel, did not explicitly argue against the compromise but the Court's reasoning implicitly considered the nature of the alleged offences. The Court referred to Gian Singh v. State of Punjab, which states that while Section 482 Cr.P.C. allows for compounding of non-compoundable offences, heinous offences and those affecting society at large should not be encouraged to be compromised.