Case Note & Summary
The applicants (Vishal Mahesh Suple, Manish Bharat Parmerkar, and Vinayak Chidambar Dhole) filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR No. 205/2014 registered at Amboli Police Station, Mumbai, for offences under Sections 427, 323, 324, 504, 506 read with 34 of the Indian Penal Code, 1860. The FIR was based on a complaint by respondent No. 2, Vivek Sitaram Kamtekar. The parties subsequently arrived at an amicable settlement, and respondent No. 2 filed an affidavit stating that the applicants had apologized and that he had no further grievances and did not wish to prosecute the case. The Court, after hearing the parties and considering the nature of the offences and the settlement, held that since the dispute was personal and the settlement was genuine, it was a fit case to exercise inherent powers under Section 482 CrPC to quash the FIR and all consequential proceedings to secure the ends of justice. The Court allowed the application and quashed the FIR and the criminal case.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Compounding of Offences - Sections 320, 482 CrPC - The Court considered whether an FIR involving offences under Sections 323, 324, 427, 504, 506 r/w 34 IPC could be quashed on the basis of a settlement between the parties. The Court held that since the dispute was personal and the parties had settled, and considering the nature of the offences, it was a fit case to exercise inherent powers to quash the proceedings to secure the ends of justice. (Paras 1-6)
B) Indian Penal Code - Compoundable and Non-Compoundable Offences - Sections 323, 324, 427, 504, 506 IPC - The Court noted that while some offences are compoundable under Section 320 CrPC, others are non-compoundable. However, relying on the Supreme Court's guidelines, the Court held that where the dispute is private and settlement is genuine, the High Court may quash proceedings even for non-compoundable offences to prevent abuse of process. (Paras 4-6)
Issue of Consideration
Whether the FIR and criminal proceedings can be quashed on the basis of an amicable settlement between the complainant and the accused, where the offences include both compoundable and non-compoundable offences under the Indian Penal Code.
Final Decision
The Court allowed the application and quashed FIR No.205/2014 dated 15/06/2014 registered at Amboli Police Station and C.C. No.2353/PW/2014, along with all consequential proceedings.
Law Points
- Compounding of offences
- quashing of FIR on settlement
- non-compoundable offences may be quashed in exceptional circumstances
- Section 320 CrPC
- inherent powers under Section 482 CrPC
Case Details
2020 LawText (BOM) (09) 22
Criminal Application No.1716 of 2019
S. S. Shinde, M. S. Karnik
Mr. Shivamsinh Deshmukh i/by Mrs. Aarati V Deshmukh for the Applicants, Dr. F R Shaikh, APP for the Respondent No.1/State, Mr. Siddharth Jaiswal for Respondent No.2
Vishal Mahesh Suple, Manish Bharat Parmerkar, Vinayak Chidambar Dhole
The State of Maharashtra, Vivek Sitaram Kamtekar
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Nature of Litigation
Criminal application for quashing of FIR and criminal proceedings based on settlement between parties.
Remedy Sought
Quashing of FIR No.205/2014 registered at Amboli Police Station and C.C. No.2353/PW/2014 for offences under Sections 427, 323, 324, 504, 506 r/w 34 IPC.
Filing Reason
The applicants sought quashing of the FIR on the ground that they had settled the dispute with the complainant (respondent No.2) amicably.
Issues
Whether the FIR and criminal proceedings can be quashed on the basis of an amicable settlement between the complainant and the accused, where the offences include both compoundable and non-compoundable offences under the Indian Penal Code.
Submissions/Arguments
The applicants submitted that they have settled the dispute with respondent No.2 and he has no objection to the quashing of the FIR.
Respondent No.2 filed an affidavit stating that the applicants apologized and he has no further grievances and does not wish to prosecute.
The State (respondent No.1) did not oppose the application.
Ratio Decidendi
The High Court, in exercise of its inherent powers under Section 482 CrPC, can quash criminal proceedings even for non-compoundable offences if the dispute is private in nature and the parties have genuinely settled the matter, to secure the ends of justice and prevent abuse of process of court.
Judgment Excerpts
This application is filed for the following relief :- 'That this Hon’ble Court be pleased to quash the CR No.205/2014 dated 15/06/2014 registered at the office of Amboli Police Station vide C.C. No.2353/PW/2014 for alleged offence punishable u/s. 427, 323, 324, 504, 506 r/w. 34 of Indian Penal Code, 1860 (as amended) on such terms and conditions as this Hon’ble Court may deem fit to grant in the circumstances of the case'
Respondent No. 2 – Mr. Vivek Kamtekar has filed an affidavit. In the said affidavit it is stated thus:- 'I say that, the applicants and I have arrived at amicable settlement as the applicants have apologized me for incident 15/06/201, therefore, I have no further grievances against the applicants.'
In the light of the discussion in the foregoing paragraphs, the application deserves to be allowed. Hence, the following order: The application is allowed. The FIR bearing CR No.205/2014 dated 15/06/2014 registered at Amboli Police Station and C.C. No.2353/PW/2014 and all consequential proceedings are quashed.
Procedural History
The applicants filed Criminal Application No.1716 of 2019 under Section 482 CrPC before the Bombay High Court seeking quashing of FIR No.205/2014 registered at Amboli Police Station. The respondent No.2 (original complainant) filed an affidavit stating settlement. The Court heard the parties and passed the judgment on 08/09/2020.
Acts & Sections
- Indian Penal Code, 1860: 323, 324, 427, 504, 506, 34
- Code of Criminal Procedure, 1973: 320, 482
