Case Note & Summary
The petitioner, Sarfaraz Tajammul Husain Ansari, an employee of Bhiwandi Nizampur City Municipal Corporation, sought quashing of FIR No. 336 of 2019 registered at Shantinagar Police Station for theft under Section 379 IPC. The FIR was lodged by respondent No. 2, Zishan Ayaz Momin, a supervisor of Eagle Infrastructure Limited India, alleging that 58 drainage pipes were missing. Upon further inquiry, respondent No. 2 discovered that the pipes were not stolen but were utilized by the Municipal Corporation for ongoing work. Consequently, respondent No. 2 filed an affidavit consenting to the quashing of the FIR. The court, exercising its inherent powers, quashed the FIR, noting that the dispute was private and continuing proceedings would be an abuse of process.
Headnote
A) Criminal Law - Quashing of FIR - Compromise in Non-Compoundable Offence - Section 379 IPC - Inherent Powers - The court considered whether an FIR for theft, a non-compoundable offence, could be quashed based on a compromise between the complainant and the accused. The court held that where the dispute is essentially private in nature and the complainant has realized that the FIR was mistakenly registered, continuing proceedings would be an abuse of process. The court quashed the FIR to secure the ends of justice. (Paras 1-5)
Issue of Consideration
Whether an FIR registered for theft under Section 379 IPC can be quashed on the basis of a compromise between the parties when the offence is not compoundable under Section 320 CrPC.
Final Decision
The court quashed the FIR bearing C.R. No. 336 of 2019 registered at Shantinagar Police Station, Bhiwandi, for the offence under Section 379 IPC.
Law Points
- Quashing of FIR
- Compromise in non-compoundable offence
- Section 379 IPC
- Inherent powers under Section 482 CrPC
Case Details
2021 LawText (BOM) (03) 131
WRIT PETITION NO. 1154 OF 2021
S. S. Shinde, Manish Pitale
Mr. Salman Khan for the Petitioner, Mr. V. B. Kondedeshmukh, APP for the Respondent-State
Sarfaraz Tajammul Husain Ansari
State of Maharashtra, Shri Zishan Ayaz Momin
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Nature of Litigation
Criminal writ petition seeking quashing of FIR
Remedy Sought
Quashing of FIR No. 336 of 2019 registered under Section 379 IPC
Filing Reason
The petitioner, an employee of the Municipal Corporation, was falsely implicated in a theft case; the complainant later realized the pipes were not stolen but used by the corporation.
Issues
Whether the FIR under Section 379 IPC can be quashed on the basis of a compromise when the offence is non-compoundable.
Submissions/Arguments
The petitioner argued that the missing pipes were utilized by the Municipal Corporation and no theft occurred. Respondent No. 2 filed an affidavit consenting to quashing, stating the FIR was mistakenly registered.
Ratio Decidendi
An FIR for a non-compoundable offence can be quashed under inherent powers if the dispute is private, the complainant consents, and continuing proceedings would be an abuse of process.
Judgment Excerpts
By this Writ Petition, the Petitioner is seeking quashing of FIR dated 26.03.2019 registered at Shantinagar Police Station, Bhiwandi, Dist.-Thane bearing C.R. No. 336 of 2019 for the offence punishable under Section 379 of the Indian Penal Code.
According to Respondent No.2, upon further inquiry into the matter, it came to his knowledge that the said missing pipes were not stolen but they were utilized by the Municipal Corporation in the on going work.
Procedural History
FIR registered on 26.03.2019; petitioner filed writ petition in 2021 seeking quashing; respondent No. 2 filed affidavit consenting to quashing; judgment reserved on 08.03.2021 and pronounced on 24.03.2021.
Acts & Sections
- Indian Penal Code, 1860: 379
