Case Note & Summary
The applicants (original accused) filed an application under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of FIR No. I37/2011 registered at Waluj Police Station, Aurangabad for offences under Sections 392, 323, 504 of the Indian Penal Code, 1860. The FIR was lodged by respondent No.2 (original complainant) alleging that on 30.3.2011, while he was driving an unregistered vehicle belonging to an MP, the applicants assaulted him and the ladies in the vehicle, and one of them took away Rs.2,000 from the vehicle. During the pendency of the petition, the applicants and respondent No.2 entered into a compromise and filed a compromise purshis in court. The court, after hearing the parties, noted that the dispute was personal in nature and had been amicably settled. The court held that continuing the criminal proceedings would be an abuse of the process of court and quashed the FIR and all consequential proceedings. The court allowed the application and disposed of the petition.
Headnote
A) Criminal Procedure - Quashing of FIR - Section 482 CrPC - Compromise - FIR under Sections 392, 323, 504 IPC quashed as parties settled dispute amicably - Held that where parties have compromised, continuation of proceedings would be an abuse of process of court (Paras 6-7).
Issue of Consideration
Whether the FIR and criminal proceedings can be quashed under Section 482 CrPC when the parties have amicably settled the dispute.
Final Decision
The application is allowed. FIR No. I37/2011 registered at Waluj Police Station, Aurangabad for offences under Sections 392, 323, 504 IPC and all consequential proceedings are quashed and set aside. Rule made absolute.
Law Points
- Compromise in non-compoundable offences
- Quashing of FIR under Section 482 CrPC
- Settlement between parties
Case Details
2011 LawText (BOM) (07) 9
Criminal Application No.1969/2011
Mr. Narwade Narayan B. for Petitioner(s), Mrs. Y.M. Kshirsagar for Respondent 1, Mr. S.D. Kotkar for Respondent 2
Vasant Devidas Rathod, Kailash Yeshwantrao Sapkal, Shankar Hiraman Ingole, Raghunath Eknath Ahirrao
The State of Maharashtra, Baban Kaduba Pathade
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Nature of Litigation
Criminal application under Section 482 CrPC for quashing of FIR
Remedy Sought
Quashing of FIR No. I37/2011 and all consequential proceedings
Filing Reason
Applicants sought quashing of FIR alleging false implication in offences under Sections 392, 323, 504 IPC
Previous Decisions
FIR registered on 30.3.2011; no prior decisions mentioned
Issues
Whether the FIR and criminal proceedings should be quashed under Section 482 CrPC when parties have compromised?
Submissions/Arguments
Applicants and respondent No.2 filed compromise purshis stating that the matter has been amicably settled.
Ratio Decidendi
Where the parties have amicably settled the dispute, continuation of criminal proceedings would be an abuse of the process of court, and the FIR can be quashed under Section 482 CrPC.
Judgment Excerpts
By the present application, filed by the applicants under section 482 of the Code of Criminal Procedure, the applicants prayed that First Information Report bearing Crime No.I37/2011, registered at Waluj Police Station, Aurangabad for the offences punishable under sections 392, 323, 504 of Indian Penal Code dated 30.3.2011 be quashed and set aside.
It appears that during the pendency of the present petition, compromise took place between the applicant nos. 1 to 4 herein and respondent no.2 i.e. original complainant and they have settled the matter amicably.
Procedural History
FIR registered on 30.3.2011; applicants filed Criminal Application No.1969/2011 under Section 482 CrPC for quashing; during pendency, parties compromised and filed compromise purshis; court heard parties and allowed the application on 27.7.2011.
Acts & Sections
- Code of Criminal Procedure, 1973: 482
- Indian Penal Code, 1860: 392, 323, 504
