Search By Topic: Compromise Quashing of FIR/Complaint

113. (SC) 11-02-2021

A. Indian Penal Code, 1860 (45 of 1860), Section 324 -- “weapon of offence” -- Wooden lathi and batten are the weapons which are possessed by the police and the submission cannot be accepted that the injuries cannot be caused by wooden lathi and batten which may cause death -- It depends on the manner of use of the wooden lathi and batten.

(Para 22)

B. Code of Criminal Procedure, 1973 (2 of 1974), Section 320(5) – Compounding of offence with leave by the court -- Grant of leave as contemplated by sub-section (5) of Section 320 is not automatic nor it has to be mechanical on receipt of request by the appellant which may be agreed by the victim -- Statutory requirement, makes it a clear duty of the Court to look into the nature of the offence and the evidence and to satisfy itself whether permission should be or should not be granted -- Administration of criminal justice requires prosecution of all offenders by the State -- Nature of offence, and its affect on society are relevant considerations while granting leave by the Court of compounding the offence -- Offences which affect the public in general and create fear in the public in general are serious offences, nature of which offence may be relevant consideration for Court to grant or refuse the leave.

(Para 30-32)

C. Code of Criminal Procedure, 1973 (2 of 1974), Section 320(5) – Indian Penal Code, 1860 (45 of 1860), Section 324 – Beating by police -- Compounding of offence – Permissibility of -- Police of State is protector of law and order -- People look forward to the Police to protect their life and property -- Beating of a person in the Police Station is the concern for all and causes a sense of fear in the entire society – Accused who were police officers, one of them being in-charge of Station and other Senior Inspector have themselves brutally beaten the deceased, who died the same night -- Their offences cannot be compounded by the Court in exercise of Section 320(2) read with sub-section (5) – Prayer of the appellant to compound the offence rejected.

(Para 36-38)

D. Constitution of India, Article 21 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 320(5) – Indian Penal Code, 1860 (45 of 1860), Section 324 – Beating by police -- Custodial death – Compensation for -- Custodial violence on the deceased which led to the death is abhorrent and not acceptable in the civilized society -- Offence committed by the accused is crime not against the deceased alone but was against humanity and clear violations of rights guaranteed under Article 21 of the Constitution -- Although the High Court has awarded the compensation of Rs.3 Lakhs in favour of the legal representatives of the deceased, held compensation awarded was not adequate -- Sentence of one year is reduced to six months -- Compensation of Rs.3.5 Lakhs each to the legal heir of the deceased in addition to the compensation awarded by the High Court granted.

(Para 39-43)

121. (P&H HC) 12-01-2021

A. Negotiable Instruments Act, 1881 (26 of 1881), Section 138 – Indian Penal Code, 1860 (45 of 1860), Section 174-A -- Code of Criminal Procedure, 1973 (2 of 1974), Section 82, 482 – Cheque bounce case -- Warrant remained unexecuted as accused-petitioner shifted – Proclamation on same address – Legality of – FIR u/s 174A of IPC – Sustainability of -- Without any basis, the Court formed an opinion that the petitioner is intentionally avoiding service and that he is either absconding or concealing himself -- Rather the Court was duty bound to ask the complainant to furnish his fresh address and ensure that the petitioner was duly served before commencing with the coercive process -- Held, trial Court was not required to invoke the provisions of Section 82 of Cr.P.C. -- Declaration of the petitioner as a proclaimed person, and the consequent registration of the impugned FIR cannot be sustained.

(Para 10-12)

B. Negotiable Instruments Act, 1881 (26 of 1881), Section 138 – Indian Penal Code, 1860 (45 of 1860), Section 174-A -- Code of Criminal Procedure, 1973 (2 of 1974), Section 82, 482 – Cheque bounce case -- Proclaimed person – Settlement between parties – Quashing of FIR u/s 174A IPC -- Entire amount of the cheque in dispute stands paid -- Complainant does not have any objection, in case, the impugned order and FIR are quashed -- Once there is an amicable settlement between the parties and the main petition u/s 138 of N.I. Act, wherein accused was declared as a proclaimed person, stands withdrawn, proceedings u/s 174-A IPC cannot be permitted to continue -- Impugned order and FIR u/s 174-A, IPC quashed along with all consequential proceedings emanating therefrom.

(Para 13, 14)