Case Note & Summary
The petitioner, Chabilal K.C., filed a criminal writ petition under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of Chargesheet No.131 of 2014 in Criminal Case No. IPC/272/2014/B pending before the Judicial Magistrate First Class, Panaji. The petitioner was a Nepali national residing in Goa. The dispute arose between the petitioner and respondent no.3, Dr. Kotagiri S. Rao, which led to the filing of the criminal case. Subsequently, the petitioner made a representation to respondent no.3 to amicably resolve the dispute, and respondent no.3 acceded to the request and agreed to withdraw the prosecution. The parties made a joint request before the JMFC to defer the hearing as they intended to approach the High Court. The petitioner then filed the present petition for quashing of the chargesheet. The court heard the learned advocates for both sides. The court noted that the parties had settled the dispute amicably and that the respondent no.3 had no objection to the quashing of the proceedings. The court, exercising its inherent powers under Section 482 CrPC, held that to secure the ends of justice, the criminal proceedings should be quashed. The court allowed the petition and quashed the chargesheet and all proceedings in Criminal Case No. IPC/272/2014/B.
Headnote
A) Criminal Procedure - Quashing of Proceedings - Compromise - Section 482 CrPC - The petitioner sought quashing of chargesheet in a criminal case on the ground that the parties had amicably settled the dispute. The respondent no.3 (complainant) agreed to withdraw the prosecution. The court, exercising inherent powers under Section 482 CrPC, quashed the proceedings to secure the ends of justice, noting that the dispute was personal and the settlement was genuine. (Paras 4-6)
Issue of Consideration
Whether criminal proceedings can be quashed on the basis of a compromise between the parties in a non-compoundable offence under Section 482 of the Code of Criminal Procedure, 1973.
Final Decision
The petition is allowed. The Chargesheet No.131 of 2014 in Criminal Case No. IPC/272/2014/B pending before the J.M.F.C., Panaji and all proceedings therein are quashed.
Law Points
- Compromise between parties
- Quashing of criminal proceedings
- Section 482 CrPC
- Inherent powers of High Court
- Non-compoundable offences
- Settlement
Case Details
2017 LawText (BOM) (04) 74
Criminal Writ Petition No.48 of 2017
F. M. Reis, Nutan D. Sardessai
V. Amonkar, P. Faldessai, N. Pai
State of Goa, The Police Inspector, Panaji Police Station, Dr. Kotagiri S. Rao
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Nature of Litigation
Criminal writ petition seeking quashing of chargesheet on the basis of compromise between parties.
Remedy Sought
Quashing of Chargesheet No.131 of 2014 in Criminal Case No. IPC/272/2014/B pending before JMFC, Panaji.
Filing Reason
The petitioner and respondent no.3 amicably settled the dispute and respondent no.3 agreed to withdraw the prosecution.
Previous Decisions
The parties made a joint request before the JMFC to defer the hearing as they intended to approach the High Court.
Issues
Whether the criminal proceedings should be quashed under Section 482 CrPC when the parties have amicably settled the dispute.
Submissions/Arguments
The petitioner submitted that the parties had amicably resolved the dispute and the respondent no.3 had agreed to withdraw the prosecution.
The respondent no.3 had no objection to the quashing of the proceedings.
Ratio Decidendi
The High Court can exercise its inherent powers under Section 482 CrPC to quash criminal proceedings to secure the ends of justice when the parties have amicably settled the dispute and the complainant has no objection.
Judgment Excerpts
The petitioner has sought for the quashing of the Chargesheet bearing no.131 of 2014 in the Criminal Case No. IPC/272/2014/B pending before the J.M.F.C., Panaji on the ground that he had made a representation to the respondent no.3 to amicably resolve the dispute which is the subject matter of the said Criminal Case.
The respondent no.3 had acceded to the request made by the petitioner and agreed to withdraw the prosecution in the Criminal Case.
In the circumstances, the petition is allowed. The Chargesheet No.131 of 2014 in Criminal Case No. IPC/272/2014/B pending before the J.M.F.C., Panaji and all proceedings therein are quashed.
Procedural History
The petitioner filed a criminal writ petition under Section 482 CrPC seeking quashing of chargesheet. The parties had earlier made a joint request before the JMFC to defer the hearing. The High Court heard the petition and allowed it on the basis of compromise.
Acts & Sections
- Code of Criminal Procedure, 1973: 482
