Case Note & Summary
The applicants, Kailas Prabhakar Shinde, Pandurang Asaram Shinde, Prabhakar Radhakisan Shinde, Vatasalabai Prabhakar Shinde, and Sunita Kailas Shinde, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR No. 154 of 2015 registered at Taluka Jalna Police Station, District Jalna, for the offence punishable under Section 324 of the Indian Penal Code, 1860, and the consequent proceedings in R.C.C. No. 491 of 2015 pending before the learned Judicial Magistrate First Class, Jalna. The FIR was lodged by respondent No. 2, Bharat Baliram Bendre, alleging that on 15 June 2015, the applicants entered his place, pulled down a cattle shed, and assaulted him and his father with weapons including an axe and an iron bar. The applicants and the complainant subsequently entered into a compromise, and the complainant filed an affidavit stating that the dispute was amicably settled and he had no objection to the quashing of the FIR and proceedings. The Court considered the nature of the offence under Section 324 IPC, which is compoundable with the permission of the court under Section 320 of the CrPC. The Court observed that since the parties had settled the matter and the chances of conviction were bleak, continuing the proceedings would be an abuse of the process of the court. Accordingly, the Court allowed the application, quashed the FIR and all consequential proceedings, and disposed of the application. Rule was made absolute.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC - Compromise - The applicants sought quashing of FIR No. 154 of 2015 and RCC No. 491 of 2015 for offence under Section 324 IPC on the ground that the parties had amicably settled the dispute. The Court held that since the offence under Section 324 IPC is compoundable with the permission of the court, and the parties have settled the matter, continuing the proceedings would be an abuse of process of law. The FIR and proceedings were quashed. (Paras 1-5) B) Indian Penal Code - Compounding of Offence - Section 324 IPC - The offence of voluntarily causing hurt by dangerous weapons or means is compoundable with the permission of the court under Section 320 CrPC. The Court noted that the parties have settled the dispute and the complainant has no objection to quashing. Hence, the proceedings were quashed. (Paras 4-5)
Issue of Consideration
Whether the FIR and criminal proceedings for offence under Section 324 of the Indian Penal Code can be quashed on the basis of compromise between the parties?
Final Decision
The Court allowed the application, quashed FIR No. 154 of 2015 and all consequential proceedings in R.C.C. No. 491 of 2015. Rule made absolute.
Law Points
- Compounding of offence under Section 324 IPC is permissible with court permission
- Inherent powers under Section 482 CrPC can be used to quash proceedings when parties have compromised and chances of conviction are bleak
- Settlement between parties can be considered to prevent abuse of process of court
