Case Note & Summary
The applicants, ten individuals, filed an application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing of First Information Report (FIR) No. 344 of 2018 registered at Police Station Patur, District Akola, Maharashtra. The FIR was lodged by applicant No.9 (Asha Pawar) against applicant Nos. 1 to 8, alleging offences under Sections 365 (kidnapping), 307 (attempt to murder), and 386 (extortion) read with Section 34 of the Indian Penal Code, 1860 (IPC), and Sections 3 and 25 of the Arms Act, 1959. The victim of the alleged crime was applicant No.10 (Deepak Pawar), the husband of the complainant. The dispute arose from an incident where the accused persons allegedly kidnapped, beat, and threatened the victim. Subsequently, the parties amicably settled their differences. Applicant No.9 (complainant) and applicant No.10 (victim) filed affidavits stating that the matter was resolved and they had no objection to the quashing of the FIR. The applicants, including the accused and the complainant/victim, jointly sought quashing. The Court, after hearing the parties and considering the settlement, held that since the dispute was personal and no public interest was involved, continuing the criminal proceedings would be an abuse of the process of law. The Court allowed the application and quashed the FIR and all consequential proceedings.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC - Compromise in Non-Compoundable Offences - The applicants sought quashing of FIR registered for offences under Sections 365, 307, 386 read with Section 34 IPC and Sections 3, 25 of Arms Act, on the ground that the parties had amicably settled the dispute. The Court held that when the victim and complainant have settled the matter and no public interest is involved, continuation of proceedings would be an abuse of process of law, and quashed the FIR. (Paras 2-5) B) Indian Penal Code - Kidnapping, Attempt to Murder, Extortion - Sections 365, 307, 386 read with Section 34 IPC - Compromise - The FIR alleged kidnapping, attempt to murder, and extortion. The Court noted that the victim (applicant No.10) and the complainant (applicant No.9) had filed affidavits stating that the dispute was settled and they had no objection to quashing. The Court quashed the FIR considering the settlement. (Paras 2-5) C) Arms Act - Possession of Arms - Sections 3, 25 - Quashing - The FIR also included offences under the Arms Act. The Court quashed the entire FIR including these sections, as the settlement between parties and absence of public interest warranted quashing. (Paras 2-5)
Issue of Consideration
Whether the FIR and criminal proceedings can be quashed when the parties have amicably settled the dispute and the offences are non-compoundable?
Final Decision
The Court allowed the application and quashed FIR No. 344 of 2018 registered at Police Station Patur, District Akola, and all consequential proceedings arising therefrom.
Law Points
- Compromise in non-compoundable offences
- quashing of FIR under Section 482 CrPC
- abuse of process of law
- settlement between parties
- no public interest
