Case Note & Summary
The applicant, Ashish Dhabale, was the accused in Regular Criminal Case No.1919 of 2017 pending before the Judicial Magistrate First Class, Nagpur, arising from FIR No.80 of 2017 registered at Sakkardara Police Station for offences under Sections 354 and 323 of the Indian Penal Code. The FIR alleged that on 27 February 2017, the applicant caught the victim's hand, forcibly pulled her, dragged her by her hair, and assaulted her. After investigation, a chargesheet was filed and charges were framed. The applicant approached the High Court under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of the FIR and the criminal proceedings on the ground that the matter had been amicably settled between the parties. The victim, Mamta Jevde, appeared and confirmed the settlement, stating she did not wish to pursue the case. The court considered whether it could quash proceedings for non-compoundable offences based on compromise. The court noted that while Sections 354 and 323 IPC are not compoundable under Section 320 CrPC, the High Court's inherent powers under Section 482 CrPC allow it to quash proceedings to secure the ends of justice or prevent abuse of process. The court observed that the dispute was personal between the parties, the victim was not interested in prosecution, and the settlement was genuine. The court held that continuing the proceedings would be an abuse of process and would not serve any purpose. Accordingly, the court allowed the application, quashed the FIR and all consequential proceedings, and disposed of the application.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC - Non-Compoundable Offences - Compromise - The High Court can quash criminal proceedings for non-compoundable offences under Section 482 CrPC if the parties have amicably settled the dispute and continuation of proceedings would be an abuse of process of law. The court must consider the nature of the offence and the interest of society. (Paras 5-9)
B) Indian Penal Code - Offences of Assault and Criminal Force to Woman - Sections 354, 323 IPC - Compromise - Where the accused and victim, who are known to each other, have settled the matter and the victim is not interested in prosecuting, the High Court can quash proceedings to maintain harmony, provided the offence is not heinous and does not affect society at large. (Paras 5-9)
Issue of Consideration
Whether criminal proceedings for offences under Sections 354 and 323 IPC, which are non-compoundable, can be quashed under Section 482 CrPC on the basis of a compromise between the accused and the victim.
Final Decision
The court allowed the application, quashed FIR No.80/2017 and all consequential proceedings including Regular Criminal Case No.1919/2017 pending before the Judicial Magistrate First Class, Nagpur.
Law Points
- Compromise in non-compoundable offences
- Section 482 CrPC quashing
- Inherent powers of High Court
- Settlement between parties
- Harmony and peace
Case Details
2018 LawText (BOM) (11) 69
Criminal Application (APL) No. 446 of 2018
R. K. Deshpande, Vinay Joshi
Mr. D.J. Patil for applicant, Mr. M.J. Khan for non-applicant No.1, Mr. L.B. Janbandhu for non-applicant No.2
State of Maharashtra, Mamta D/o Purushottam Jevde
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Criminal application under Section 482 CrPC for quashing of FIR and criminal proceedings based on compromise.
Remedy Sought
The applicant (accused) sought quashing of FIR No.80/2017 and termination of criminal proceedings in Regular Criminal Case No.1919/2017.
Filing Reason
The applicant and the victim (non-applicant No.2) amicably settled the dispute and the victim did not wish to prosecute.
Previous Decisions
The trial court had framed charges and the case was pending for recording evidence of prosecution witnesses.
Issues
Whether criminal proceedings for offences under Sections 354 and 323 IPC can be quashed under Section 482 CrPC on the basis of a compromise between the parties.
Submissions/Arguments
The applicant argued that the matter has been amicably settled between the parties and to maintain harmony, the proceedings should be quashed.
The victim confirmed the settlement and stated she did not wish to pursue the case.
The State opposed the quashing on the ground that the offences are non-compoundable.
Ratio Decidendi
The High Court can exercise its inherent powers under Section 482 CrPC to quash criminal proceedings for non-compoundable offences if the parties have genuinely settled the dispute and continuation of proceedings would be an abuse of process of law or to secure the ends of justice. The nature of the offence and its impact on society must be considered; here, the offence was personal and did not affect society at large.
Judgment Excerpts
The applicant contended that during the course of proceedings, the matter has been amicably settled in between the parties and therefore to maintain the harmony, he prayed to quash the proceedings by way of invoking extra ordinary jurisdiction of this Court in terms of section 482 of the Code of Criminal Procedure.
The learned counsel appearing for applicant/ accused would submit that both parties are familiar to each other and they decided to settle the dispute amicably.
The learned counsel for nonapplicant No.2 has also placed on record the affidavit of nonapplicant No.2, wherein she has stated that the matter is settled and she does not want to proceed with the case.
The learned Additional Public Prosecutor opposed the application on the ground that the offences are noncompoundable.
The inherent powers of this Court under Section 482 of the Code of Criminal Procedure can be invoked to quash the proceedings if the parties have amicably settled the dispute and the continuation of the proceedings would be an abuse of process of law.
In the present case, the dispute is personal in nature and the victim is not interested in prosecuting the case. The settlement appears to be genuine and voluntary. Hence, to maintain harmony and peace, the proceedings deserve to be quashed.
Procedural History
FIR No.80/2017 was registered on 28/02/2017 at Sakkardara Police Station, Nagpur for offences under Sections 354 and 323 IPC. After investigation, chargesheet was filed and the trial court framed charges. The case was pending for recording evidence. The applicant filed Criminal Application (APL) No.446/2018 under Section 482 CrPC before the Bombay High Court (Nagpur Bench) seeking quashing. The court heard the parties and reserved judgment on 23/10/2018, pronouncing on 02/11/2018.
Acts & Sections
- Code of Criminal Procedure, 1973: 482
- Indian Penal Code, 1860: 354, 323
