Case Note & Summary
The petitioners, Richard Queiroz and Seby T. A. Queiroz, filed a Criminal Writ Petition before the High Court of Bombay at Goa seeking quashing of Charge Sheet No. 58/2015 dated 13/6/2015. The charge sheet had been filed against the petitioners and others for offences under Sections 143 (unlawful assembly), 427 (mischief causing damage), 447 (criminal trespass) read with Section 149 (unlawful assembly with common object) of the Indian Penal Code, 1860 (IPC). The complainant, respondent no. 3 Makthum Patel, had initially lodged the complaint, but later filed an affidavit stating that the dispute had been amicably settled between the parties and that he had no objection to the quashing of the charge sheet against the petitioners and other accused persons. He further stated that as early as 21/9/2013, he had addressed a letter to the police to permit withdrawal of the complaint, but since some of the offences were non-compoundable under Section 320 of the Code of Criminal Procedure, 1973 (CrPC), permission was not granted. The legal issue before the court was whether the High Court could exercise its inherent powers under Section 482 CrPC to quash criminal proceedings involving non-compoundable offences when the parties had genuinely settled the dispute. The petitioners argued that the settlement was genuine and that continuing the proceedings would be an abuse of process. The respondent no. 3 supported the quashing. The court, after hearing the parties, held that the inherent powers under Section 482 CrPC are wide enough to quash proceedings even for non-compoundable offences where the settlement is genuine and no public interest is involved. The court noted that the dispute was private in nature and that the complainant had no surviving grievance. Accordingly, the court allowed the petition, quashed the charge sheet and all criminal proceedings arising therefrom against the petitioners and other accused persons, and disposed of the rule.
Headnote
A) Criminal Procedure Code - Quashing of Proceedings - Section 482 CrPC - Compromise in Non-Compoundable Offences - Petitioners sought quashing of charge sheet for offences under Sections 143, 427, 447 r/w 149 IPC, which are non-compoundable under Section 320 CrPC - Complainant filed affidavit stating no objection due to amicable settlement - Court held that inherent powers under Section 482 CrPC can be invoked to quash proceedings even for non-compoundable offences where settlement is genuine and no public interest is involved - Held that to prevent abuse of process and secure ends of justice, charge sheet and proceedings quashed (Paras 3-6).
Issue of Consideration
Whether the High Court can quash criminal proceedings involving non-compoundable offences under Section 482 CrPC when the parties have amicably settled the dispute.
Final Decision
The petition is allowed. The Charge Sheet No. 58/2015 dated 13/6/2015 and all criminal proceedings arising therefrom are quashed and set aside against the petitioners and other accused persons. Rule is made absolute in those terms.
Law Points
- Compromise in non-compoundable offences
- Inherent powers under Section 482 CrPC
- Quashing of criminal proceedings on settlement
- Section 320 CrPC compoundable offences
