Case Note & Summary
The Bombay High Court at Aurangabad, in Criminal Application No.2081 of 2021, considered an application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) for quashing Chargesheet No.2 of 2020 and the consequent Sessions Case No.248 of 2022 pending before the Additional Sessions Judge, Parbhani. The proceedings arose from Crime No.362 of 2020 registered at Pathri Police Station for offences under Sections 307, 353, 186, 201, 216, 504, 506 read with Section 34 of the Indian Penal Code, 1860 (IPC) and Sections 3, 4, and 25 of the Indian Arms Act, 1959. The genesis of the crime was an altercation between Applicant No.1 (Mohd. Bin Saeed Bin Kileb) and Respondent No.2 (Salam Bin Sale Bin Havel) over parking of a vehicle, which led to abuse, threats, and firing of a revolver in the air on 08.09.2020. The FIR was lodged on 09.09.2020. During investigation, Applicant No.2 (Mohd. Naushad Akram Shaikh) allegedly obstructed police from conducting a search and a 'Khanjir' was recovered from his person, and a sword from a car. The applicants sought quashing of the chargesheet on the ground that the parties had amicably settled the dispute. The complainant, Respondent No.2, filed an affidavit stating that the matter was settled and he had no objection to quashing. The State opposed the application, arguing that the offences were serious and non-compoundable. The Court, after hearing the parties, held that the dispute was personal in nature and the settlement was genuine and voluntary. Relying on the inherent powers under Section 482 CrPC, the Court quashed the chargesheet and all consequential proceedings, including Sessions Case No.248 of 2022, to prevent abuse of process of law and secure the ends of justice. The application was allowed.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC - Compromise in Non-Compoundable Offences - The High Court, in exercise of its inherent powers under Section 482 CrPC, quashed the chargesheet and criminal proceedings arising from Crime No.362/2020, where the parties had amicably settled the dispute and the complainant stated no objection to quashing. The Court held that continuation of proceedings would be an abuse of process of law, and the settlement was genuine and voluntary. (Paras 1-10) B) Indian Penal Code - Attempt to Murder - Section 307 IPC - Quashing on Compromise - The Court quashed the charge under Section 307 IPC (attempt to murder) despite it being non-compoundable, relying on the settlement between the parties and the complainant's affidavit stating no objection. The Court observed that the dispute was personal in nature and no public interest was involved. (Paras 5-10) C) Indian Arms Act - Sections 3, 4, 25 - Quashing on Compromise - The Court quashed the charges under the Indian Arms Act, 1959, as the settlement between the parties rendered the proceedings futile and continuation would be an abuse of process. (Paras 5-10)
Issue of Consideration
Whether the criminal proceedings arising from a dispute between the parties can be quashed under Section 482 CrPC when the parties have amicably settled the dispute and the complainant no longer wishes to prosecute the case, despite the offences being non-compoundable.
Final Decision
The Court allowed the application and quashed Chargesheet No.2 of 2020 and all consequential proceedings, including Sessions Case No.248 of 2022, pending before the Additional Sessions Judge, Parbhani.
Law Points
- Quashing of criminal proceedings under Section 482 CrPC
- Compromise in non-compoundable offences
- Settlement between parties
- Inherent powers of High Court
- Section 307 IPC
- Section 353 IPC
- Section 186 IPC
- Section 201 IPC
- Section 216 IPC
- Section 504 IPC
- Section 506 IPC
- Indian Arms Act Sections 3
- 4
- 25
