Case Note & Summary
The applicant, Sayyed Tareque Ali, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing of Regular Criminal Case No. 768 of 2011 arising from FIR No. 272 of 2010 registered at City Chowk police station, Aurangabad for an offence under Section 307 of the Indian Penal Code, 1860 (IPC). The FIR was lodged by respondent no.2, Sayyad Maidi Salami, alleging that the applicant assaulted him with a knife on the chest, ribs, back, and cheek due to a previous quarrel and sending indecent SMS messages, with intent to commit murder. The applicant was arrested on the same day. The applicant contended that the injuries were simple and superficial, and the injured was discharged from hospital. Subsequently, the parties amicably settled the dispute. Respondent no.2 filed an affidavit in reply stating that he did not wish to prosecute the matter further and confirmed the compromise. The court considered whether proceedings under Section 307 IPC, a non-compoundable offence, could be quashed on the basis of a compromise. The court noted that the nature of injuries was simple and that the complainant was present in court and confirmed the compromise. The court held that to secure the ends of justice and prevent abuse of process, the proceedings could be quashed under Section 482 CrPC. The court allowed the application, quashed the FIR and all consequential proceedings, and discharged the applicant from bail.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC - Compromise in non-compoundable offence - Where the complainant has settled the dispute and does not wish to prosecute, and the injuries are simple, the High Court can quash proceedings under Section 482 CrPC to secure the ends of justice. (Paras 1-8) B) Indian Penal Code - Attempt to Murder - Section 307 IPC - Quashing on compromise - Even though Section 307 IPC is non-compoundable, the High Court may quash proceedings if the compromise is genuine and the injuries are not grievous, to prevent abuse of process. (Paras 5-8)
Issue of Consideration
Whether criminal proceedings under Section 307 IPC can be quashed under Section 482 CrPC when the complainant has compromised with the accused and does not wish to prosecute.
Final Decision
Application allowed. FIR No. 272 of 2010 and Regular Criminal Case No. 768 of 2011 quashed and set aside. Applicant discharged from bail.
Law Points
- Compromise in non-compoundable offences
- Quashing under Section 482 CrPC
- Section 307 IPC
- Inherent powers of High Court
