Case Note & Summary
The applicants, Jagannath Bhagwat Shelke and Shobha Jagannath Shelke, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of RCC No. 40 of 2014 pending before the Judicial Magistrate First Class, Washi, and the underlying Crime No. 05 of 2011 registered at Washi Police Station, District Osmanabad. The crime was registered for offences punishable under Sections 326 (voluntarily causing grievous hurt by dangerous weapons), 324 (voluntarily causing hurt by dangerous weapons), 323 (voluntarily causing hurt), 504 (intentional insult with intent to provoke breach of peace), and 506 (criminal intimidation) read with Section 34 (common intention) of the Indian Penal Code, 1860. The respondent No. 2, Sopan Narsing Shelke, is the complainant and is related to the applicants as the uncle of applicant No. 1. The parties are residents of the same village. The dispute arose from a trifle incident, and the parties have since amicably settled the matter. The respondent No. 2 filed an affidavit-in-reply confirming the compromise and stating that he has no grudge against the applicants. The court, after hearing the counsel for the parties, noted that the offences are not heinous or against society and that the parties are close relatives. The court held that to maintain peace and harmony, the proceedings should be quashed. The court allowed the application, quashed the proceedings, and made the rule absolute.
Headnote
A) Criminal Procedure Code - Quashing of Proceedings - Compromise - Sections 320, 482 CrPC - The court considered whether proceedings for offences under Sections 326, 324, 323, 504, 506 IPC read with Section 34 IPC can be quashed on the basis of a compromise between the parties, who are relatives. The court held that since the parties are close relatives and have amicably settled the dispute, and the offences are not heinous or against society, the proceedings can be quashed to maintain peace and harmony. (Paras 1-5)
Issue of Consideration
Whether criminal proceedings for offences under Sections 326, 324, 323, 504, 506 read with Section 34 IPC can be quashed on the basis of a compromise between the parties.
Final Decision
The application is allowed. The proceedings bearing RCC No. 40 of 2014 pending before the Judicial Magistrate First Class, Washi, and the Crime No. 05 of 2011 registered with Washi Police Station are quashed. Rule is made absolute.
Law Points
- Compounding of non-compoundable offences under Section 320 CrPC is permissible in cases of private dispute where parties have settled
- provided the offence is not heinous or against society
- and the court is satisfied that the compromise is genuine and voluntary.
