Case Note & Summary
The petitioner, Chirag Sundarlal Gupta, filed a Criminal Writ Petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR No. 117 of 2016 registered at Kurar Village Police Station, Mumbai, and the consequent charge-sheet and Sessions Case No. 92 of 2017 pending before the City Sessions Court, Dindoshi, Mumbai. The FIR was lodged by the second respondent, Sanjana @ Kannupriya Manish Kumar, alleging sexual assault and exploitation by the petitioner. The parties, however, subsequently amicably settled their disputes. The second respondent filed an affidavit dated 18th February 2020 stating that she had settled the matter with the petitioner and had no objection to the quashing of the FIR and criminal proceedings. The petitioner contended that the allegations were false and that the continuation of proceedings would be an abuse of the process of law. The State opposed the petition, arguing that the offences were serious and not compoundable. The Court, after perusing the FIR and considering the settlement, held that the offences were not heinous and that the settlement was genuine. Relying on the principles laid down by the Supreme Court in cases such as Gian Singh v. State of Punjab and Narinder Singh v. State of Punjab, the Court held that inherent powers under Section 482 CrPC can be invoked to quash proceedings to secure the ends of justice. The Court found that the chances of conviction were bleak and that continuing the proceedings would cause undue harassment to the parties. Accordingly, the Court quashed FIR No. 117 of 2016, the charge-sheet, and all consequential proceedings in Sessions Case No. 92 of 2017.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC - Compromise in Non-Compoundable Offences - The petitioner sought quashing of FIR No. 117 of 2016 and Sessions Case No. 92 of 2017 for alleged sexual assault and exploitation. The parties had amicably settled the dispute and the respondent no.2 (informant) filed an affidavit stating she had no objection to quashing. The Court held that since the offences were not heinous and the settlement was genuine, continuing the proceedings would be an abuse of process of law. The FIR and all consequential proceedings were quashed. (Paras 1-16) B) Criminal Procedure Code - Inherent Powers - Section 482 CrPC - Abuse of Process - The Court reiterated that inherent powers under Section 482 CrPC can be invoked to quash criminal proceedings to secure the ends of justice, especially when the parties have settled and the chances of conviction are bleak. (Paras 10-15)
Issue of Consideration
Whether the FIR and criminal proceedings for alleged sexual assault and exploitation can be quashed on the basis of a compromise and settlement between the parties, given that the offences are not compoundable under Section 320 CrPC.
Final Decision
The Court quashed FIR No. 117 of 2016 registered with Kurar Village Police Station, the charge-sheet, and all consequential proceedings in Sessions Case No. 92 of 2017 pending before the City Sessions Court, Dindoshi, Mumbai.
Law Points
- Compromise in non-compoundable offences
- quashing of FIR under Section 482 CrPC
- abuse of process of law
- settlement between parties
- heinous crimes exception
