Case Note & Summary
The applicant, Sheshrao Jadhav, was the sole accused in a criminal trial arising from Crime No. 696/2020 for offences under Sections 354, 354-A, 452, 504, and 506 of the Indian Penal Code (IPC). The informant, Shilpa Jadhav, was the wife of the applicant's younger brother. On 10 December 2020, while the informant was alone at home with her minor daughter, the applicant allegedly entered, caught her from behind, and touched her breast. The informant escaped, raised a protest, and the applicant left after abusing and threatening her. She called her father, returned to her parental home, and lodged a report on 12 December 2020. The police investigated and filed a charge sheet, leading to RCC No. 84/2021 before the Judicial Magistrate First Class. The accused pleaded not guilty, and the trial commenced. The prosecution examined three witnesses, including the informant, who supported the prosecution case. The other two witnesses gave hearsay evidence. At this stage, the parties arrived at a compromise, and the applicant filed this application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) to quash the proceedings. The informant appeared in person along with her counsel and confirmed the compromise. The Court considered whether inherent powers could be exercised to quash non-compoundable offences after evidence had been recorded. The Court held that the compromise was genuine and voluntary, and the parties were close relatives. Continuing the trial would be an exercise in futility and would not serve the ends of justice. The Court allowed the application and quashed the criminal proceedings.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC - Non-Compoundable Offences - The Court considered whether inherent powers can be invoked to quash proceedings for offences under Sections 354, 354-A, 452, 504, 506 IPC after compromise, even though the offences are not compoundable under Section 320 CrPC. The Court held that the compromise was genuine and voluntary, and the parties being close relatives, continuing the trial would be an exercise in futility and would not serve the ends of justice. The Court quashed the proceedings. (Paras 3-6) B) Indian Penal Code - Sexual Assault - Sections 354, 354-A IPC - Compromise - The informant (sister-in-law of the accused) alleged that the accused caught hold of her and touched her breast. After recording of evidence, the parties compromised. The Court noted that the informant supported the prosecution in her evidence, but the other witnesses were of hearsay nature. Considering the relationship and the genuine settlement, the Court quashed the proceedings. (Paras 4-6)
Issue of Consideration
Whether the High Court can exercise its inherent powers under Section 482 of the Code of Criminal Procedure, 1973 to quash criminal proceedings for non-compoundable offences (Sections 354, 354-A, 452, 504, 506 IPC) based on a compromise arrived at after the recording of evidence of material witnesses.
Final Decision
The Court allowed the application and quashed the criminal proceedings in RCC No. 84/2021 pending before the Judicial Magistrate First Class, Barshitakli, Akola, arising out of Crime No. 696/2020.
Law Points
- Inherent powers under Section 482 CrPC can be exercised to quash non-compoundable offences if the compromise is genuine
- voluntary
- and would serve the ends of justice
- even after recording of evidence
- the nature of the offence and the relationship between parties are relevant factors.
