Case Note & Summary
The applicants (accused) filed an application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of RCC No.3212 of 2015 arising out of CR No.32 of 2014 registered at Velha Police Station, Pune Rural, for offences under Sections 386, 387, 447, 506, 109 read with Section 34 of the Indian Penal Code. The complainant (respondent no.2) had alleged that the accused demanded extortion (hafta) and threatened to kill him. During the pendency of the proceedings, the parties entered into a settlement. The High Court, relying on the principles laid down in Gian Singh v. State of Punjab and Narinder Singh v. State of Punjab, held that since the dispute was private in nature and the settlement was voluntary, continuing the proceedings would be an abuse of process. The court quashed the proceedings, noting that the offences were not heinous and the chances of conviction were remote.
Headnote
A) Criminal Procedure Code - Quashing of Proceedings - Section 482 CrPC - Compounding of Non-Compoundable Offences - The High Court, in exercise of its inherent powers under Section 482 of the Code of Criminal Procedure, 1973, can quash criminal proceedings even for non-compoundable offences if the parties have settled the dispute and the chances of conviction are bleak, provided the offence is not heinous or against society. Held that the dispute was private in nature and the settlement was genuine, hence proceedings quashed (Paras 1-10).
Issue of Consideration
Whether criminal proceedings arising out of an FIR for offences under Sections 386, 387, 447, 506, 109 read with Section 34 IPC can be quashed under Section 482 CrPC on the basis of a settlement between the complainant and the accused.
Final Decision
The High Court allowed the application and quashed the proceedings in RCC No.3212 of 2015, including the FIR and charge sheet, on the basis of the settlement between the parties.
Law Points
- Compounding of offences
- quashing under Section 482 CrPC
- settlement between parties
- non-compoundable offences
- inherent powers of High Court
Case Details
Criminal Application No.289 of 2016
Mr. Satyavrat Joshi for Applicants, Dr. F.R. Shaikh, APP for Respondent no.1, Mr. Balwant V. Salunkhe for Respondent no.2
Tanaji @ Tillya Dinkar Walgude, Sopan Dinkar Chorghe, Karan Murlidhar Chorghe, Rohidas Ananta Chorghe, Raju @ Rajendra Ramchandra Daswadkar
The State of Maharashtra, Bhau Laxman Daswadkar
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Nature of Litigation
Criminal application under Section 482 CrPC for quashing of proceedings in RCC No.3212 of 2015 arising out of FIR for offences under Sections 386, 387, 447, 506, 109 read with Section 34 IPC.
Remedy Sought
Quashing of the criminal proceedings on the basis of settlement between the parties.
Filing Reason
The applicants were accused in a case of extortion and criminal intimidation; they sought quashing of proceedings after settling the dispute with the complainant.
Previous Decisions
Charge sheet was filed and the case was pending before the Judicial Magistrate, First Class, Pune.
Issues
Whether criminal proceedings can be quashed under Section 482 CrPC when the offences are non-compoundable but the parties have settled the dispute.
Submissions/Arguments
The applicants argued that the dispute was private and had been amicably settled, and continuation of proceedings would be an abuse of process. The State opposed, contending that the offences were serious and non-compoundable.
Ratio Decidendi
The High Court has inherent power under Section 482 CrPC to quash criminal proceedings even for non-compoundable offences if the parties have genuinely settled the dispute and the offence is not heinous or against society, as continuing the proceedings would be futile and an abuse of process.
Judgment Excerpts
The Applicants have preferred this application under Section 482 of the Code of Criminal Procedure, 1973 and sought quashing of the proceedings in RCC No.3212 of 2015.
The parties have settled the dispute and the complainant has no objection to the quashing of the proceedings.
Procedural History
FIR was registered on the complaint of respondent no.2; investigation completed; charge sheet filed; applicants filed this application under Section 482 CrPC for quashing; parties settled; High Court allowed the application.
Acts & Sections
- Code of Criminal Procedure, 1973: 482
- Indian Penal Code, 1860: 386, 387, 447, 506, 109, 34
