FIRST LAW

The Electricity Act, 2003 - Sections 135 and 152 - The Criminal Procedure Code, 1973 - Sections 41 and 482 - Theft of Electricity - Compounding of offences - Settlement arrived at between the parties - Quashing of the FIR - the issue in question needs to be decided in the light of Section 152 of the Act, which deals with compounding of offences under the Act - High Court did not examine the issue in the light of Section 152 of the Act - remanded the case to the High Court to examine the issue afresh keeping in view the provisions of Section 152 of the Act.

Criminal Procedure Code, 1973 - Ss. 320 & 482 - How to quash the criminal proceedings for the non-compoundable offences - Can be exercised having overwhelmingly and predominantly the civil character, particularly those arising out of commercial transactions or arising out of matrimonial relationship or family disputes and when the parties have resolved the entire dispute amongst themselves.

Criminal Procedure Code, 1973 - S. 482 - Inherent Powers - Quashing of the FIR / Complaint / Criminal Proceedings - Settlement between Parties - Antecedents of the Accused - Accused persons were facing number of trials for the serious offences would be relevant factors.

The Supreme Court of India in Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Vs. State of Gujarat (2017) 9 SCC 641 has reiterated the parameters for exercising inherent jurisdiction under Section 482 Cr.P.C. for quashing of FIR / criminal complaint, which are as under:-

Criminal Procedure Code, 1973 – S. 482 - Penal Code, 1860 – Ss. 420, 464, 465, 467, 468, 471 r/w. 34 - Quashing of Complaint - Once the Investigating Officer submitted the Final Report on conclusion of the investigation, the High Court was not justified in interfering with the criminal proceedings in exercise of power under Section 482 of the Cr.PC and particularly when in the Final Report it was specifically concluded on the basis of the material on record that a prima facie case is made out for the offences alleged against the accused persons.

Criminal Procedure - Quashing of the FIR - C ivil proceedings and Criminal proceedings can proceed simultaneously.

Penal Code, 1860 - Ss. 447, 448, 452, 453, 380, 120-B - Panchayati Raj Act, 1994 - S.19 - Criminal Procedure Code, 1973 - S.197 - Protection under - Quashing of FIR - P etitioners were the office bearers of Gram Panchayat - Dispute between the landlord and tenant with respect to commercial shop -  Officers  forcibly dispossessed the tenant by breaking upon the locks - Petitioners  being office bearers of the Gram Panchayat betrayed complete ignorance to the fact that Gram Panchayat is creation of statute and is a State within the meaning of Article 12 of the Constitution of India and, therefore, cannot act like a private individual, who is free to act in a manner whatsoever he likes, unless it is interdicted or prohibited by law.

Criminal Procedure Code, 1973 - S. 482 - Penal Code, 1860 - Ss. 498A & 114 - Dowry Prohibition Act, 1961 - Ss. 3 & 4 - Quashing of FIR - C hoosing of forum - Petitioner  mother-in-law  is aged about 59 years -  She has to travel all the way from her native place in Andhra Pradesh to Davanagere to attend the case which causes her hardship and she is roped in the case to harass in that way   - Proceedings against the petitioner are nothing but the abuse of the process of the Court .