In an order that may help in reducing the backlog of cases in various courts in the state,the Bombay High Court has held that a First Information Report (FIR) can be quashed even if it entails non-compoundable offences. The court was hearing a case of a personal dispute between Andheri residents Nari Hira and Avinash Balkrishnan that resulted in the filing of an FIR against the latter on February 6,2010. In the complaint lodged with the Amboli police,the charges leveled against Balkrishnan included Sections 452 (house trespass after preparation for hurt,assault or wrongful restraint),324 (voluntarily causing hurt with weapon),427 (mischief causing damage to the tune of Rs 50),407 (Intentional provocation to cause breach of peace) and 406 (criminal intimidation) of the IPC. The advocates for both Hira and Balkrishnan told the court that the duo had resolved the dispute that arose because of strained relations between the two. The petitioner,out of frustration,reacted in the manner which resulted in registration of offence, the court was told. The lawyers sought quashing of FIR. While the rest of the sections are compoundable in nature,Sections 452 and 234 are non-compoundable. Though compoundable offences can be settled between the complainant and the accused outside court,non-compoundable offences,when registered with the police,attract prosecution and have to be concluded with a trial in an appropriate court. The Division Bench of Justice AM Khanwilkar and Justice AR Joshi observed,.the settlement or compromise must satisfy the conscience of the court. It must be just and fair besides being free from undue pressure. Although the courts have to exercise caution in quashing certain cases where the victim can be vulnerable or pressurised into withdrawing a complaint,the judges said that in this case,it would be appropriate to quash the FIR to secure the ends of justice.
