Case Note & Summary
The applicant, Mohd. Muddasar Ansari, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing of FIR No. I03/2011 registered at Osmanpura Police Station, Aurangabad, and the subsequent proceedings in M.A. No. 836 of 2011 pending before the 6th Judicial Magistrate, First Class, Aurangabad. The FIR was lodged by the applicant against respondent nos. 2 to 4 (Shaikh Ashraf, Mohd. Gais, and Shaikh Zakir @ Tipu) and one unknown person for offences punishable under Sections 394 (robbery) and 397 (robbery with attempt to cause death or grievous hurt) of the Indian Penal Code, 1860 (IPC). The incident occurred on 5 January 2011 at 6:30 p.m. when the applicant went to Aasurkhana, Osmanpura to meet his sister. Respondent no. 2 allegedly asked the applicant why he was staring at him and inflicted blows with a sharp-edged weapon on the applicant's left and right thighs, causing injuries. Thereafter, respondent nos. 2 to 4 forcibly removed Rs. 6,000 from the applicant's right pant pocket. The investigation was completed, and a charge sheet was filed. The applicant contended that the misunderstanding and differences between him and the respondents had been amicably settled, and he had no objection to the quashing of the FIR. The respondents also confirmed the compromise. The High Court, after hearing the parties, held that since the dispute was private and the settlement was genuine and voluntary, the continuation of proceedings would be an abuse of the process of court. Accordingly, the court quashed the FIR and all consequential proceedings. The application was allowed, and rule was made absolute.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC - Compromise in Non-Compoundable Offences - The High Court quashed FIR and proceedings for offences under Sections 394 and 397 IPC on the ground that the parties had amicably settled their differences and the complainant no longer wished to prosecute. Held that when the dispute is private and settlement is genuine, the High Court can exercise inherent powers to prevent abuse of process. (Paras 1-8)
Issue of Consideration
Whether the FIR and proceedings for offences under Sections 394 and 397 IPC can be quashed under Section 482 CrPC on the basis of a compromise between the complainant and accused.
Final Decision
The High Court allowed the application, quashed FIR No. I03/2011 and all consequential proceedings including M.A. No. 836 of 2011 pending before the 6th Judicial Magistrate, First Class, Aurangabad. Rule made absolute.
Law Points
- Section 482 CrPC
- quashing of FIR
- compromise in non-compoundable offences
- Sections 394 and 397 IPC
- inherent powers of High Court
Case Details
2011 LawText (BOM) (08) 31
Criminal Application No. 2825 of 2011
Smt. Madhubala Gangwal for applicant, Shri D.R. Korde for respondent no.1, Shri S.G. Ladda for respondent nos. 2 to 4
The State of Maharashtra, Shaikh Ashraf, Mohd. Gais, Shaikh Zakir @ Tipu
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Nature of Litigation
Criminal application under Section 482 CrPC for quashing of FIR and proceedings.
Remedy Sought
Quashing of FIR No. I03/2011 and M.A. No. 836 of 2011 pending before the 6th Judicial Magistrate, First Class, Aurangabad.
Filing Reason
The applicant and respondents have amicably settled their differences, and the applicant no longer wishes to prosecute.
Previous Decisions
FIR registered, investigation completed, charge sheet filed, matter pending before Magistrate.
Issues
Whether the FIR and proceedings for offences under Sections 394 and 397 IPC can be quashed under Section 482 CrPC on the basis of a compromise between the complainant and accused.
Submissions/Arguments
The applicant submitted that the misunderstanding and differences have been set at rest by way of amicable settlement and he has no objection to quashing of FIR.
The respondents confirmed the compromise and supported the quashing.
The State opposed the application on the ground that the offences are serious and non-compoundable.
Ratio Decidendi
The High Court can exercise its inherent powers under Section 482 CrPC to quash proceedings for non-compoundable offences when the parties have genuinely settled the dispute and the continuation of proceedings would be an abuse of the process of court.
Judgment Excerpts
The applicant i.e. original complainant has filed the present application under Section 482 of the Code of Criminal Procedure praying that the First Information Report of Crime No. I03/2011, registered with Osmanpura Police Station, Aurangabad and further proceedings of M.A. No. 836 of 2011 pending before the learned 6th Judicial Magistrate, First Class, Aurangabad, for the offence punishable under Sections 394 and 397 of the Indian Penal Code be quashed and set aside.
It is the contention of the applicant that he lodged the First Information Report with the Osmanpura police station, Aurangabad against respondent nos. 2 to 4 and also against one unknown person under C.R. No. I03/2011, on 5.1.2011, for the offence punishable under Sections 394 and 397 of the Indian Penal Code.
On the aforesaid background, the applicant contends that the misunderstanding and differences between him and respondent nos. 2 to 4 are set at rest by way of amicable settlement and he has no objection for quashing the First Information Report.
Procedural History
FIR lodged on 5.1.2011; investigation completed; charge sheet filed; matter pending as M.A. No. 836/2011 before 6th JMFC, Aurangabad; applicant filed Criminal Application No. 2825/2011 under Section 482 CrPC for quashing; heard on 10.8.2011 and allowed.
Acts & Sections
- Code of Criminal Procedure, 1973: Section 482
- Indian Penal Code, 1860: Sections 394, 397
