Criminal Application (APL) No. 1087 of 2019

17th October 2019

Petitioner Counsel: Shri P. R. Agrawal
Respondent Counsel: Ms Ketki Joshi
Act Name: Indian Penal Code, 1860

HeadLine : Criminal P. C. (1973), S. 320 – Penal Code (1860), Ss. 384, 387, 341, 506 – Compounding of offence – Offence u/Ss. 384, 387, 341, 506 of IPC – Both parties claiming that dispute which had arisen due to misunderstanding have been settled by them out of court – Record also showing that offence of extortion not made out – Considering that other offences punishable u/Ss. 341, 506 were compoundable and compromise arrived between parties voluntarily – Application for compounding of offence, allowed and proceedings for offences u/Ss. 384, 387, 341, 506 of IPC quashed and set aside.

Section :
Section 384 Indian Penal Code, 1860 Section 387 Indian Penal Code, 1860 Section 341 Indian Penal Code, 1860 Section 506 Indian Penal Code, 1860

Cases Cited :
Para 4: Isaac Isanga Musumba & ors. Vs. State of Maharashtra & ors., reported in (2014) 15 SCC 357

JUDGEMENT

Sunil B. Shukre, J.

1. Heard. Admit. Taken up for final disposal forthwith by consent of parties.

2. Applicant no. 1 is an accused in Crime No. 214/2019 registered with Police Station, Nagpuri Gate, Amravati for the offences punishable under Sections 384, 387, 341 and Section 506 of the Indian Penal Code while applicant no. 2 is the informant who had lodged the complaint against applicant no. 1. Now, both of them have settled their dispute out of the Court. According to them, the whole dispute had arisen due to some misunderstanding in between them.

3. Both the applicants are personally present in the Court and they have been identified by their counsel. They say that the complaint has been filed in this case on exaggerated narration of the version by applicant no. 2 and the exaggeration is the result of anger that applicant no. 2 had at that time against applicant no. 1.

4. We have gone through the first information report. We find that although there has been an allegation of attempt to extort an amount of Rs. 11,00,000/-, that attempt ultimately did not result into payment of Rs. 11 lakhs by applicant no. 2 to applicant no. 1 under duress. In other words, in this case, no money has changed the hands. It is well settled that in such a case, offence of extortion is not made out. A useful reference in this regard can be made to the judgment of Hon'ble Apex Court in the case of Isaac Isanga Musumba & ors v. State of Maharashtra & ors reported in (2014) 15 SCC 357. So, this is not a case which involves any allegation of commission of a serious offence.

5. As regards the other two offences, offences punishable under Sections 341 and 506 IPC, we find that both these offences are compoundable and that means that if there is a compromise between the accused and the complainant and that compromise has been entered into voluntarily, there should ordinarily be no reason for this Court to reject the applicant for compounding between the parties. This is one such case where we find that prayer for settlement cannot be rejected.

6. In the result, application is allowed. Crime No. 214/2019 registered with Police Station, Nagpuri Gate, Amravati for the offences punishable under Sections 384, 387, 341 and Section 506 of the Indian Penal Code is hereby quashed and set aside.

7. However, after the complaint was lodged, law was set into motion and Police Station, Nagpuri Gate, Amravati had not only registered the offences, but also carried forward the investigation. Therefore, both the applicants would have to compensate the State one way or the other. In the present case, we find that some community service by both the applicants would be the most appropriate compensation. Both the applicants shall perform community service in the nature of cleaning, gardening and maintenance of trees, plants etc. spread over an area of 20,000 square feet situated in the campus of Amravati University, Tapovan Road, Amravati for a period of fifteen days starting from 4th November 2019 and ending on 18th November 2019 for two hours everyday. The Registrar, Amravati University shall assign the area of 10,000 square feet to each of the applicants for that purpose and shall also determine convenient time within which community service shall be performed by the applicants. The Registrar, Amravati University shall report to this Court the compliance of this order. The Registrar (Judicial) of this Court is requested to send copy of this order to the Registrar, Amravati University and also the Investigating Officer, Police Station, Nagpuri Gate, Amravati.

8. Criminal Application is disposed of accordingly.

Order accordingly.