Case Note & Summary
The petitioners, Salil Bandodkar, Sailee Bandodkar, and Saima Narvekar, filed a Criminal Writ Petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR No.155/2016 registered at Porvorim Police Station, Goa. The FIR was lodged by respondent no.3, Bhanuk Hajuria, on 30 October 2016, alleging offences under Sections 323, 324, 506, 141, 143, 147 read with Section 149 of the Indian Penal Code, 1860. The dispute arose from a scuffle between the petitioners and respondent no.3 along with his friends at PDA Colony, Porvorim. Subsequently, the parties arrived at a composite understanding and amicably resolved the dispute. The petitioners also filed a separate petition under Section 482 CrPC for quashing FIR No.154/2016, which was registered on a complaint by petitioner no.2 against respondent no.3 and others. The court considered the compromise and held that since the dispute was personal in nature and the parties had settled their differences, continuing the criminal proceedings would be an abuse of the process of law. The court, exercising its inherent powers under Section 482 CrPC, quashed FIR No.155/2016 to secure the ends of justice. The petition was allowed, and rule was made absolute.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC - Compromise in Non-Compoundable Offences - Petitioners sought quashing of FIR No.155/2016 registered for offences under Sections 323, 324, 506, 141, 143, 147 read with Section 149 IPC on the ground that the parties had amicably settled the dispute - Court held that since the dispute was personal and the parties had resolved their differences, continuing proceedings would be an abuse of process of law - Held that FIR can be quashed to secure ends of justice (Paras 2-3).
Issue of Consideration
Whether the FIR registered for offences under Sections 323, 324, 506, 141, 143, 147 read with Section 149 IPC can be quashed under Section 482 CrPC on the basis of a compromise between the parties.
Final Decision
The petition is allowed. FIR No.155/2016 registered with Porvorim Police Station is quashed. Rule is made absolute.
Law Points
- Quashing of FIR under Section 482 CrPC
- Compromise in non-compoundable offences
- Inherent powers of High Court
- Settlement of personal disputes
