Case Note & Summary
The petitioner, Sanket Satish Naik, 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.281 of 2019 registered at Amboli Police Station, Mumbai, under Sections 304, 336, 323, and 504 of the Indian Penal Code, 1860. The FIR was lodged by the petitioner's wife, Respondent No.2, Neha Naik, alleging that on 18th July 2019, a dispute occurred between the petitioner and his wife, during which the wife called her father. The petitioner allegedly abused the father and started recording. The father sat on a sofa, then got up, took a few steps, felt giddy, and fell down. He was taken to Kokilaben Hospital, Andheri, Mumbai, where he was declared dead. The wife initially lodged the FIR, but later the parties amicably settled the dispute. Respondent No.2 filed an affidavit stating that the FIR was lodged due to a misunderstanding and that the petitioner had no role in her father's death. She had no objection to the quashing of the FIR. The Court interacted with Respondent No.2, who confirmed that the affidavit was voluntarily made without coercion. The Court, considering the settlement and the voluntary nature of the affidavit, held that no useful purpose would be served by continuing the criminal proceedings. The Court quashed the FIR and all proceedings arising therefrom, exercising its inherent powers under Section 482 CrPC to secure the ends of justice. The petition was allowed, and rule was made absolute.
Headnote
A) Criminal Procedure - Quashing of FIR - Amicable Settlement - Section 482 Code of Criminal Procedure, 1973 - FIR under Sections 304, 336, 323, 504 IPC - The parties, husband and wife, settled the dispute amicably; the wife/complainant filed an affidavit stating that the FIR was lodged due to misunderstanding and the petitioner had no role in her father's death. The Court, after interacting with the complainant and verifying the voluntary nature of the settlement, quashed the FIR to secure the ends of justice. (Paras 4-6)
Issue of Consideration
Whether the FIR registered under Sections 304, 336, 323, 504 of IPC can be quashed on the basis of amicable settlement between the parties.
Final Decision
The Court allowed the petition, quashed FIR No.281 of 2019 dated 18th July 2019 registered at Amboli Police Station, Mumbai, and all proceedings arising therefrom. Rule made absolute.
Law Points
- amicable settlement
- quashing of FIR
- non-compoundable offences
- Section 482 CrPC
- inherent powers
- matrimonial dispute
Case Details
2020 LawText (BOM) (07) 12
Criminal Writ Petition No.1460 of 2020
Mr. Apoorv Singh with Mr. J.K. Shah i/b R.J. Law for the Petitioner, Mr. J.P. Yagnik, APP, for Respondent – State, Mr. K.P. Shah for Respondent No.2
1. The State of Maharashtra, 2. Mrs. Neha Naik
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Nature of Litigation
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.
Remedy Sought
Petitioner sought quashing of FIR No.281 of 2019 registered at Amboli Police Station, Mumbai, under Sections 304, 336, 323, 504 of IPC.
Filing Reason
The FIR was lodged by the petitioner's wife, Respondent No.2, alleging that the petitioner abused her father and recorded the incident, after which the father fell and died. The parties later settled the dispute amicably.
Issues
Whether the FIR under Sections 304, 336, 323, 504 IPC can be quashed on the basis of amicable settlement between the parties.
Submissions/Arguments
The petitioner and Respondent No.2 jointly submitted that the parties have amicably settled the dispute. Respondent No.2 filed an affidavit stating that the FIR was lodged due to misunderstanding and the petitioner had no role in her father's death, and she had no objection to quashing the FIR.
Ratio Decidendi
When the parties have amicably settled the dispute and the complainant has voluntarily stated that the FIR was lodged due to misunderstanding and that the petitioner had no role in the incident, continuing criminal proceedings would be an abuse of the process of court. Hence, the FIR can be quashed under Section 482 CrPC to secure the ends of justice.
Judgment Excerpts
Learned Counsel appearing for the petitioner and Respondent No.2 jointly submit that the parties have amicably settled the dispute and to that effect, Respondent No.2 has filed an affidavit.
Respondent No.2 in her affidavit has stated that the FIR was lodged against the petitioner due to some misunderstanding and in fact, the petitioner has no role to play in the death of her father.
We have interacted with Respondent No.2. She stated that the averments in the affidavit are true and the same are voluntarily made to enter into a settlement and resolve the dispute.
Procedural History
The petitioner filed Criminal Writ Petition No.1460 of 2020 under Article 226 of the Constitution of India read with Section 482 CrPC seeking quashing of FIR No.281 of 2019. Notices were issued to respondents, and Respondent No.2 filed an affidavit. The matter was heard on 23rd July 2020, and the Court allowed the petition.
Acts & Sections
- Code of Criminal Procedure, 1973: 482
- Indian Penal Code, 1860: 304, 336, 323, 504
- Constitution of India: Article 226
