Case Note & Summary
The applicants filed a criminal application under Section 482 CrPC seeking quashing of FIR No. 214/2019 registered at Police Station Nagpuri Gate, Amravati for offences under Sections 384, 387, 341 and 506 IPC. Applicant no. 1 was the accused and applicant no. 2 was the informant. The parties stated that the dispute arose due to a misunderstanding and they had settled the matter out of court. The court observed that although there was an allegation of attempt to extort Rs. 11,00,000/-, no money was actually paid under duress, and therefore the offence of extortion was not made out, citing the Supreme Court judgment in Isaac Isanga Musumba v. State of Maharashtra. The other offences under Sections 341 and 506 IPC were compoundable, and the compromise was voluntary. Consequently, the court allowed the application and quashed the FIR.
Headnote
A) Criminal Law - Extortion - Sections 384, 387 IPC - Essential Ingredients - For the offence of extortion, actual payment of money under duress is necessary; mere attempt without payment does not constitute extortion - The court held that since no money changed hands, the offence of extortion was not made out, relying on Isaac Isanga Musumba v. State of Maharashtra (2014) 15 SCC 357 (Paras 4-5).
B) Criminal Law - Compounding of Offences - Sections 341, 506 IPC - Voluntary Compromise - Offences under Sections 341 and 506 IPC are compoundable, and if the parties have voluntarily settled their dispute, the court should ordinarily allow compounding - The court allowed the application and quashed the FIR (Paras 5-6).
Issue of Consideration
Whether an FIR for extortion and other offences can be quashed when the parties have settled the dispute and no money was actually paid under duress.
Final Decision
Application allowed. Crime No. 214/2019 registered with Police Station Nagpuri Gate, Amravati for offences under Sections 384, 387, 341 and 506 IPC is quashed and set aside.
Law Points
- Extortion requires actual payment under duress
- Compounding of compoundable offences upon voluntary compromise
- Quashing of FIR when no serious offence is made out
Case Details
2019 LawText (BOM) (10) 132
Criminal Application (APL) No. 1087 of 2019
Sunil B. Shukre, Milind N. Jadhav
Shri P. R. Agrawal for applicants, Ms Ketki Joshi, APP for respondent-State
Ahfaz Ahmad Ajaz Ahmad and Majhar Khan Afjal Khan
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Nature of Litigation
Criminal application under Section 482 CrPC for quashing of FIR
Remedy Sought
Quashing of Crime No. 214/2019 registered at Police Station Nagpuri Gate, Amravati
Filing Reason
The parties settled their dispute out of court and sought quashing of the FIR
Issues
Whether the FIR can be quashed when the parties have settled the dispute and no money was actually paid under duress.
Submissions/Arguments
Applicants submitted that the dispute arose due to misunderstanding and they have settled the matter out of court.
Applicant no. 2 stated that the complaint was filed with exaggerated narration due to anger.
Ratio Decidendi
For the offence of extortion, actual payment of money under duress is necessary; mere attempt without payment does not constitute extortion. Offences under Sections 341 and 506 IPC are compoundable, and a voluntary compromise between parties warrants quashing of the FIR.
Judgment Excerpts
We find that although there has been an allegation of attempt to extort an amount of Rs. 11,00,000/-, that attempt ultimately did not result into payment of Rs. 11 lakhs by applicant no. 2 to applicant no. 1 under duress. In other words, in this case, no money has changed the hands. It is well settled that in such a case, offence of extortion is not made out.
As regards the other two offences, offences punishable under Sections 341 and 506 IPC, we find that both these offences are compoundable and that means that if there is a compromise between the accused and the complainant and that compromise has been entered into voluntarily, there should ordinarily be no reason for this Court to reject the applicant for compounding between the parties.
Procedural History
The applicants filed Criminal Application (APL) No. 1087 of 2019 before the Bombay High Court, Nagpur Bench, seeking quashing of FIR No. 214/2019. The court heard the parties and passed the judgment on 17 October 2019.
Acts & Sections
- Indian Penal Code, 1860 (IPC): 384, 387, 341, 506
