Case Note & Summary
The applicant, Prashant @ Tushar Lalchand Bhamre, filed an application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing of FIR No.17/2017 registered at Dhule City Police Station, Dhule, for offences punishable under Sections 307, 323, 504, and 506 of the Indian Penal Code, 1860 (IPC). The FIR was lodged by respondent No.3, Yogesh Hanumant Bhokre, alleging that the applicant attempted to murder him. During the pendency of the application, the parties entered into a compromise and filed affidavits stating that they had settled the dispute amicably. The applicant and respondent No.3 were present before the court and confirmed the settlement. The court considered whether it could quash the FIR despite the offence under Section 307 IPC being non-compoundable. The court noted that the dispute was personal in nature and did not involve any public interest. Relying on the inherent powers under Section 482 CrPC, the court held that continuing the criminal proceedings would be an abuse of the process of law and would not serve any useful purpose. The court quashed the FIR and all consequential proceedings. The application was allowed.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC - Inherent Powers - Compromise - The High Court can quash proceedings for non-compoundable offences if the parties have settled the dispute and there is no public interest involved. The court held that continuing proceedings would be an abuse of process of law. (Paras 1-5)
B) Indian Penal Code - Attempt to Murder - Section 307 IPC - Compromise - Even though Section 307 IPC is non-compoundable, the High Court can quash FIR if the settlement is genuine and voluntary. The court held that no useful purpose would be served by continuing the trial. (Paras 3-5)
Issue of Consideration
Whether the High Court can quash criminal proceedings for non-compoundable offences under Section 482 CrPC when the parties have amicably settled the dispute.
Final Decision
The application is allowed. FIR No.17/2017 registered with Dhule City Police Station, Dhule, for offences punishable under Sections 307, 323, 504, 506 of the Indian Penal Code and all consequential proceedings are quashed and set aside.
Law Points
- Compromise in non-compoundable offences
- Section 482 CrPC quashing
- Inherent powers of High Court
- Settlement between parties
- No public interest
Case Details
2017 LawText (BOM) (04) 54
Criminal Application No.1816 of 2017
S.S. Shinde, K.K. Sonawane
Mr. N.L. Choudhari for Applicant, Mr. S.J. Salgare APP for Respondent Nos.1 and 2/State, Mr. R.S. Shinde for Respondent No.3
Prashant @ Tushar Lalchand Bhamre
The State of Maharashtra, The Superintendent of Police Dhule, Yogesh s/o Hanumant Bhokre
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Nature of Litigation
Criminal application under Section 482 CrPC for quashing of FIR and criminal proceedings.
Remedy Sought
Quashing of FIR No.17/2017 registered at Dhule City Police Station for offences under Sections 307, 323, 504, 506 IPC.
Filing Reason
The applicant sought quashing on the ground that the parties had amicably settled the dispute.
Issues
Whether the FIR and criminal proceedings can be quashed under Section 482 CrPC when the offence under Section 307 IPC is non-compoundable but the parties have settled the dispute.
Submissions/Arguments
The applicant and respondent No.3 submitted that they have amicably settled the dispute and filed affidavits to that effect.
The State did not oppose the quashing.
Ratio Decidendi
The High Court, in exercise of its inherent powers under Section 482 CrPC, can quash criminal proceedings for non-compoundable offences if the parties have genuinely settled the dispute and there is no public interest involved, as continuing the proceedings would be an abuse of the process of law.
Judgment Excerpts
This Application is filed under Section 482 of the Criminal Procedure Code with prayer to quash and set aside the criminal proceedings / FIR bearing Crime No.17/2017, registered with Dhule City Police Station, Dhule, for the offences punishable under Sections 307, 323, 504, 506 of the Indian Penal Code.
The applicant and respondent No.3 have amicably settled the dispute and filed affidavits. They are present before the court and confirm the settlement.
In the light of the compromise, no useful purpose would be served by continuing the criminal proceedings. Hence, the FIR and all consequential proceedings are quashed.
Procedural History
The applicant filed Criminal Application No.1816 of 2017 under Section 482 CrPC before the High Court of Judicature at Bombay, Bench at Aurangabad, seeking quashing of FIR No.17/2017. The matter was reserved on 21.04.2017 and pronounced on 25.04.2017.
Acts & Sections
- Code of Criminal Procedure, 1973: 482
- Indian Penal Code, 1860: 307, 323, 504, 506
