Case Note & Summary
The applicants filed an application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing of FIR No. 1577 of 2019 registered at Chitalsar Police Station, Thane, for offences under Section 420 read with 34 of the Indian Penal Code, 1860 (IPC). The FIR was lodged on 22nd April 2019 by Respondent No. 2 (original complainant) alleging that the applicants had promised to facilitate employment abroad for him and Respondent No. 3 but failed to fulfill their promise. After investigation, a charge-sheet was filed on 25th June 2019. Subsequently, the applicants and the respondents (complainants) settled their dispute amicably. Respondent Nos. 2 and 3 filed affidavits consenting to the quashing of the FIR and charge-sheet. On 17th February 2020, both parties appeared before the court and confirmed the settlement. The court noted that the offence under Section 420 IPC is not compoundable under Section 320 CrPC, but in exercise of inherent powers under Section 482 CrPC, the High Court can quash proceedings if the settlement is genuine and voluntary, and continuing the prosecution would be an abuse of the process of law. The court found that the settlement was arrived at without any coercion or undue influence, and the respondents had no objection to the quashing. Accordingly, the court allowed the application and quashed the FIR and charge-sheet, holding that the ends of justice would be served by such quashing.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Compounding of Offences - Section 482 read with Section 320 CrPC - Offence under Section 420 IPC is not compoundable under Section 320 CrPC, but the High Court can quash proceedings in exercise of inherent powers under Section 482 CrPC when parties have settled the dispute and continuance of prosecution would be an abuse of process of law - Held that the settlement between the parties was genuine and voluntary, and quashing the FIR would serve the ends of justice (Paras 1-7).
Issue of Consideration
Whether an FIR registered for an offence under Section 420 read with 34 of the Indian Penal Code can be quashed on the basis of a settlement between the complainant and the accused, after filing of charge-sheet.
Final Decision
The court allowed the application and quashed FIR No. 1577 of 2019 registered at Chitalsar Police Station, Thane, and the charge-sheet filed therein, in exercise of inherent powers under Section 482 CrPC, based on the settlement between the parties.
Law Points
- Quashing of FIR on consent
- Compounding of non-compoundable offences with court permission
- Section 320 CrPC
- Section 482 CrPC
- Settlement between parties
- Cheating under Section 420 IPC
Case Details
2021 LawText (BOM) (03) 89
Criminal Application No. 1577 of 2019
S.S. Shinde, Manish Pitale
Mr. Zaid Qureshi for Applicants, Mr. Omneel A. Jadhav for Respondent Nos.2 and 3, Mr. V.B. Konde-Deshmukh, APP for State
Anuj Kumar Arun Thakur, Kumar Gaurav Ajay Jha, Saurabh Kumar Jha
State of Maharashtra, Vikram Kumar Harishlal Bhati, Vaibhav Gautam Kadam
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Nature of Litigation
Criminal application for quashing of FIR and charge-sheet under Section 482 CrPC based on settlement between parties.
Remedy Sought
Applicants sought quashing of FIR No. 1577 of 2019 and charge-sheet for offences under Section 420 read with 34 IPC.
Filing Reason
Applicants were accused of cheating by promising employment abroad and failing to fulfill the promise.
Previous Decisions
FIR registered on 22nd April 2019, charge-sheet filed on 25th June 2019. No prior decisions on merits.
Issues
Whether the FIR and charge-sheet for an offence under Section 420 IPC can be quashed on the basis of a settlement between the complainant and the accused after filing of charge-sheet.
Submissions/Arguments
Applicants submitted that the dispute with Respondent Nos. 2 and 3 has been amicably settled and the respondents have filed affidavits consenting to quashing of FIR and charge-sheet.
Respondent Nos. 2 and 3, through their counsel, confirmed the settlement and had no objection to the quashing.
State opposed the application on the ground that the offence under Section 420 IPC is not compoundable under Section 320 CrPC.
Ratio Decidendi
The High Court, in exercise of its inherent powers under Section 482 CrPC, can quash proceedings for non-compoundable offences if the parties have genuinely settled the dispute and continuance of prosecution would be an abuse of the process of law. The settlement must be voluntary and without coercion.
Judgment Excerpts
This is an application filed by the Applicants for quashing of F.I.R. registered against them, on the basis of consent given by Respondent Nos.2 and 3.
The F.I.R. was registered on 22nd April, 2019 for the offence under Section 420 read with 34 of Indian Penal Code and charge-sheet was filed on 25th June, 2019 for the said offence against the Applicants.
It appears that the grievance of the Respondent No. 2 was that the Applicants had promised to facilitate employment for him abroad and that they had not been able to abide by their promise.
On 17th February, 2020, Respondent Nos.2 and 3 were present before this Court alongwith their Counsel and they gave no objection to the prayers of the Applicants for quashing of F.I.R. and charge-sheet.
Procedural History
FIR registered on 22nd April 2019 at Chitalsar Police Station, Thane, under Section 420 read with 34 IPC. Charge-sheet filed on 25th June 2019. Applicants filed Criminal Application No. 1577 of 2019 under Section 482 CrPC for quashing. On 17th February 2020, parties appeared before court and confirmed settlement. Judgment reserved on 25th March 2021 and pronounced on 31st March 2021.
Acts & Sections
- Indian Penal Code, 1860: 420, 34
- Code of Criminal Procedure, 1973: 482, 320
