Case Note & Summary
The petitioners filed a criminal writ petition under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR No. 123 of 2017 registered at Ambajogai City Police Station for offences under Sections 406, 420, 467, 468, 471, 120-B of the Indian Penal Code, 1860 and Section 138 of the Negotiable Instruments Act, 1881. The respondent No.2 (complainant) had lodged the FIR alleging that the petitioners had cheated him in a construction business transaction. During the pendency of the petition, the parties entered into a compromise and the complainant filed an affidavit stating that he had no objection to the quashing of the FIR. The court, considering the nature of the dispute as primarily civil and the fact that the parties had settled the matter, held that continuing the criminal proceedings would be an abuse of the process of law. The court allowed the petition and quashed the FIR and all consequential proceedings.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Compromise - Sections 482 CrPC - The petitioners sought quashing of FIR registered for various offences including cheating and forgery, based on a settlement with the complainant. The court held that since the dispute was primarily of a civil nature and the parties had amicably settled the matter, continuing criminal proceedings would be an abuse of process of law. The FIR and subsequent proceedings were quashed. (Paras 1-10)
Issue of Consideration
Whether the FIR registered for offences under Sections 406, 420, 467, 468, 471, 120-B of IPC and Section 138 of Negotiable Instruments Act can be quashed on the basis of settlement between the parties.
Final Decision
The petition is allowed. FIR No. 123 of 2017 registered at Ambajogai City Police Station and all consequential proceedings are quashed.
Law Points
- Quashing of FIR
- Compromise in criminal cases
- Section 138 Negotiable Instruments Act
- 1881
- Inherent powers under Section 482 CrPC
