Case Note & Summary
The applicant, Syeda Badar Jahan, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR No. I42/2014 registered at City Chowk Police Station, Aurangabad, for offences punishable under Sections 420, 406, 468, 471 read with 34 of the Indian Penal Code, 1860. The FIR was lodged by respondent No.2, Syed Nasiruddin Quadri, who is the brother-in-law of the applicant. The dispute arose out of a family discord. The High Court, by order dated 22 August 2014, referred the parties to mediation upon their willingness to settle the dispute. The parties appeared before the mediator and agreed to a settlement on certain terms and conditions. The mediator's report dated 4 December 2014, along with the terms of compromise duly verified before the Chief Judicial Magistrate, Aurangabad, was placed on record. Subsequently, on 5 December 2014, both the applicant and respondent No.2 filed additional affidavits stating that they had amicably resolved their dispute and agreed to abide by the terms of the compromise. The compromise terms included settlement of both civil and criminal cases filed against each other. The Court noted that the impugned FIR was a result of family discord and that the parties had resolved their differences. Considering the nature of the dispute and the fact that the parties had settled the matter, the Court held that continuing the criminal proceedings would be an abuse of the process of law. Accordingly, the Court quashed the FIR and all consequential proceedings. The application was allowed, and rule was made absolute.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Compromise in Non-Compoundable Offences - Sections 482 CrPC, 420, 406, 468, 471 IPC - The Court considered whether an FIR registered for offences under Sections 420, 406, 468, 471 read with 34 IPC could be quashed on the basis of a compromise between the parties. The parties, who were family members, had resolved their disputes through mediation and filed affidavits confirming the settlement. The Court held that since the dispute was essentially of a civil nature and the parties had amicably settled their differences, continuing the criminal proceedings would be an abuse of the process of law. The FIR and all consequential proceedings were quashed. (Paras 1-5)
Issue of Consideration
Whether the FIR and criminal proceedings can be quashed on the basis of a compromise entered into between the parties in a non-compoundable offence.
Final Decision
The application is allowed. The impugned FIR bearing Crime No. I42/2014 dated 17/2/2014 registered with City Chowk Police Station, Aurangabad for offences punishable under Sections 420, 406, 468, 471 read with 34 of IPC and all consequential proceedings are quashed and set aside. Rule is made absolute.
Law Points
- Criminal proceedings can be quashed on the basis of compromise in non-compoundable offences where the dispute is predominantly civil in nature and the parties have amicably settled their differences
- especially in family disputes.
