Case Note & Summary
The applicants, Ganesh Jethmal Varma, Shantilal Jethmal Varma, and Shyam Jehtmal Varma, filed an application under Section 482 CrPC seeking quashing of FIR No.46 of 2013 registered at Shegaon Police Station, District Buldana, for offences under Sections 406 (criminal breach of trust) and 420 (cheating) read with Section 34 of the Indian Penal Code. The FIR was lodged by respondent no.2, Anandkumar Shaktikumar Sancheti, through Sanjay Umarshi Dand. Subsequently, the parties entered into an amicable settlement, evidenced by consent terms filed in Special Civil Suit No.12 of 2013, wherein the complainant agreed to withdraw the prosecution. The complainant appeared before the Court and confirmed the settlement, stating he did not wish to prosecute the applicants. The Court, after hearing the parties and considering the legal position laid down by the Supreme Court in Gian Singh v. State of Punjab (2012) 10 SCC 303, held that since the dispute was purely private in nature with no element of public law, it was a fit case to exercise inherent powers under Section 482 CrPC to quash the FIR and all consequential proceedings. The Court allowed the application and quashed the FIR.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC - Compromise in Non-Compoundable Offences - The applicants sought quashing of FIR under Sections 406, 420 r/w 34 IPC on the ground of amicable settlement with the complainant. The Court, relying on Gian Singh v. State of Punjab, held that where parties have settled the dispute and no element of public law is involved, the High Court can exercise inherent powers under Section 482 CrPC to quash proceedings. (Paras 3-7)
Issue of Consideration
Whether the High Court can quash criminal proceedings under Section 482 CrPC when the parties have amicably settled the dispute, even though the offences are non-compoundable.
Final Decision
The Court allowed the application and quashed FIR No.46 of 2013 registered under Sections 406, 420 r/w 34 IPC and all consequential proceedings.
Law Points
- amicable settlement
- quashing of FIR
- Section 482 CrPC
- compromise in non-compoundable offences
- Gian Singh v. State of Punjab
Case Details
2018 LawText (BOM) (06) 144
Criminal Application (APL) No.415 of 2013
P.N. Deshmukh, M.G. Giratkar
Mr. Abhay Bhide (for Applicant), Ms H.N. Jaipurkar (APP for Respondent No.1/State), Mr. Ashish Chaware (for Respondent No.2)
Ganesh Jethmal Varma, Shantilal Jethmal Varma, Shyam Jehtmal Varma
State of Maharashtra, Anandkumar Shaktikumar Sancheti
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Nature of Litigation
Criminal application for quashing of FIR under Section 482 CrPC
Remedy Sought
Quashing of FIR No.46 of 2013 registered under Sections 406, 420 r/w 34 IPC
Filing Reason
Amicable settlement between the parties; complainant agreed not to prosecute
Issues
Whether the FIR and criminal proceedings can be quashed under Section 482 CrPC when the parties have amicably settled the dispute, given that the offences are non-compoundable.
Submissions/Arguments
Applicants submitted that the parties have amicably settled the dispute and placed consent terms from Special Civil Suit No.12 of 2013.
Complainant (respondent no.2) admitted the settlement and stated he does not want to prosecute the applicants.
Ratio Decidendi
Where parties have amicably settled the dispute and no element of public law is involved, the High Court can exercise inherent powers under Section 482 CrPC to quash criminal proceedings, even if the offences are non-compoundable, as held in Gian Singh v. State of Punjab.
Judgment Excerpts
Nonapplicant no.2, who is complainant admits that the issue is amicably settled between him and the applicants and as such, he does not want to prosecute the applicants.
The Apex Court in the case of Gian Singh .vs. State of Punjab and another reported in (2012) 10 SCC 303, after considering all earlier judgments, has held that if the parties decided to give an end to their criminal litigation between them, this Court can exercise the powers under Section 482 of the Code of Criminal Procedure to give an end to the criminal litigation, at any stage where no element of public law is involved.
Procedural History
FIR No.46 of 2013 was registered at Shegaon Police Station under Sections 406, 420 r/w 34 IPC. The applicants filed Criminal Application (APL) No.415 of 2013 before the Bombay High Court, Nagpur Bench, seeking quashing of the FIR. The parties subsequently settled the dispute, and the complainant filed consent terms in Special Civil Suit No.12 of 2013. The High Court heard the application and allowed it on 28.6.2018.
Acts & Sections
- Indian Penal Code, 1860 (IPC): 406, 420, 34
- Code of Criminal Procedure, 1973 (CrPC): 482
