Case Note & Summary
The applicant, Rahul Pandurang Magar, filed a criminal application under Section 482 CrPC seeking quashing of FIR No. I-324 of 2014 registered at police station for offence under Section 379 IPC (theft). The complainant, Shivaji Goraknath Katkade, was the owner of the vehicle. Initially, the FIR alleged that the applicant stole the vehicle. Subsequently, it was found that the vehicle was not stolen but was taken by the applicant out of friendly relations, as both were students and friends. The parties entered into a settlement deed, agreeing to end all litigation. The complainant consented to the quashing of the FIR. The court, considering the settlement and the fact that the vehicle was taken without criminal intent, held that Section 379 IPC was not attracted. The court allowed the application and quashed the FIR.
Headnote
A) Criminal Law - Quashing of FIR - Compromise - Section 482 CrPC - Settlement between parties - FIR under Section 379 IPC for theft of vehicle - Parties were students and friends - Vehicle was taken by applicant out of friendly relations, not stolen - Settlement deed filed - Court held that Section 379 IPC is not attracted in light of settlement - FIR quashed (Paras 5-7).
Issue of Consideration
Whether FIR under Section 379 IPC can be quashed on the basis of settlement between the parties when the vehicle was taken out of friendly relations and not stolen.
Final Decision
Application allowed. FIR No. I-324 of 2014 quashed.
Law Points
- Compounding of non-compoundable offences
- quashing of FIR on settlement
- Section 379 IPC not attracted when no criminal intent
Case Details
2014 LawText (BOM) (12) 10
Criminal Application No.6785 of 2014
Mr V.B. Jogdand for applicant; Mr S.G. Nandedkar, A.P.P. for respondent no.1
Rahul s/o Pandurang Magar
The State of Maharashtra, Shivaji s/o Goraknath Katkade
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Nature of Litigation
Criminal application under Section 482 CrPC for quashing of FIR
Remedy Sought
Quashing of FIR No. I-324 of 2014 for offence under Section 379 IPC
Filing Reason
Allegation of theft of vehicle by applicant from complainant, later found to be taken out of friendly relations
Issues
Whether FIR under Section 379 IPC can be quashed on the basis of settlement between parties when the vehicle was taken out of friendly relations and not stolen.
Submissions/Arguments
Applicant and complainant filed settlement deed stating they want to end all litigation.
Complainant consented to quashing of FIR.
Ratio Decidendi
When the allegations in FIR read in light of settlement deed show that the vehicle was taken out of friendly relations and not stolen, Section 379 IPC is not attracted, and the FIR can be quashed under Section 482 CrPC.
Judgment Excerpts
It appears that the applicant and complainant both are students and having friendly relations with each other as stated in the settlement deed.
It is true that there are allegations which would prima facie attract the provisions of section 379 of the Indian Penal Code, however, if the allegations in the first information report are read in the light of settlement deed, said section 379 of the Indian Penal Code is not attracted.
Procedural History
Applicant filed Criminal Application No.6785 of 2014 under Section 482 CrPC seeking quashing of FIR. Parties filed settlement deed. Court heard the matter and allowed the application.
Acts & Sections
- Indian Penal Code, 1860 (IPC): 379
- Code of Criminal Procedure, 1973 (CrPC): 482
