Case Note & Summary
The applicants, Vijaykumar Dinkar Sirsat, Akshay Dinkar Sirsat, Dinkar Shankar Sirsat, and Satyabhama Dinkar Sirsat, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) before the Bombay High Court, Bench at Aurangabad, seeking quashing of First Information Report (FIR) No. 0196 of 2020 registered at Kaij Police Station, District Beed, for offences punishable under Sections 354-D (stalking), 323 (voluntarily causing hurt), 504 (intentional insult with intent to provoke breach of peace), and 506 (criminal intimidation) read with Section 34 (common intention) of the Indian Penal Code, 1860 (IPC). The respondent No. 2, Kavita Dattatray Sirsat, was the first informant and a relative of the applicants. The FIR alleged that applicant No. 1, Vijaykumar, had been stalking the first informant for two months, following her to her field and attempting to contact her despite her disinterest. On 27 May 2020, when the first informant, her husband, and her parents-in-law went to the applicants' house to confront them, a quarrel ensued, and the applicants allegedly assaulted the first informant's husband and others, and threatened them with dire consequences. The applicants argued that the parties were relatives and had amicably settled the dispute, and the first informant was no longer interested in prosecuting the case. The State opposed the application, but the first informant's counsel confirmed the compromise. The Court, after hearing the parties, held that since the dispute was essentially a family matter and the parties had resolved their differences, continuing the criminal proceedings would be an abuse of the process of law. The Court quashed the FIR and all consequential proceedings, exercising its inherent powers under Section 482 CrPC.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC - Compromise - The applicants sought quashing of FIR for offences under Sections 354-D, 323, 504, 506 read with Section 34 IPC on the ground that the parties had amicably settled the dispute. The Court held that since the parties are relatives and have resolved their differences, and the complainant is not interested in prosecuting, continuation of proceedings would be an abuse of process of law. The FIR was quashed. (Paras 1-5) B) Indian Penal Code - Stalking and Assault - Sections 354-D, 323, 504, 506 read with Section 34 IPC - The FIR alleged stalking, assault, and criminal intimidation by the applicants against the complainant. The Court noted that the dispute was essentially a family matter and the parties had compromised. (Paras 2-4)
Issue of Consideration
Whether the FIR and criminal proceedings can be quashed under Section 482 CrPC when the parties have amicably settled the dispute and the complainant is no longer interested in prosecuting the case.
Final Decision
The Court allowed the application and quashed FIR No. 0196 of 2020 registered with Kaij Police Station, District Beed, and all consequential proceedings.
Law Points
- Compromise in non-compoundable offences
- Section 482 CrPC quashing
- abuse of process of law
- matrimonial disputes
- stalking
- assault
- criminal intimidation
