Criminal Procedure Code, 1973, Section 156(3), 482 – Quashing of complaint – Compensation – Complainants tenants were called to the concerned Police Station. And were held for about 24 hours, and in the meantime, the premises in question were demolished by the brother of the deceased-vendor, his widow, and with the support of the local police – At the Police Station, the tenants were also forced to sign some documents, apparently giving their consent of vacating the premises voluntarily – Complaint initially filed with the Police Station, but as the same was not acknowledged, complainant moved an application before the concerned Magistrate under Section156(3) Cr.P.C. for taking action against 13 accused but the Magistrate passed an order on 20.12.2022 for an inquiry under Section202 Cr.P.C., confining it to the involvement of there other of the deceased, widow of the deceased, and the five purchasers- The same set aside by Revisional Court and directed that the complaint filed before the Magistrate under Section156(3) Cr.P.C. be forwarded to the concerned Police Station for registration and investigation – The order of Revisional Court challenged before High Court without any success – During the pendency of the petitions some settlement arrived at between the complainants and the 13 accused – The subsequent purchasers paid an amount of Rs.10 lacs to each of the tenants, and in lieu thereof, the tenants have filed their affidavits stating that they do not wish to further prosecute their complaint – Held that the continuance of these two criminal proceedings would not be of any avail once the complainant has himself stated to withdraw the complaint – Their losses having been compensated, any further investigation or trial would be an exercise in futility – Since six police personnel had an apparent roll in conspiring and in abetting the crime of the illegal detention of the tenants, coercing them to sign the document against their will, and getting the premises in question demolished without any order from a competent Court they will suffer a cost of Rs. 6.0 lacs for each of the two complainants – Out of the six police personnel, three are constables, one is a Head Constable, one is a Sub-Inspector, and one is an Inspector. They shall suffer a cost of Rs. 50,000/- per Constable,Rs.1,00,000/- by the Head Constable, Rs. 1.50 lacs by the Sub-Inspector, and Rs. 2.0 lacs by the Inspector, totalling Rs. 6.0 lacs for each case with the above distribution – Upon deposit of the said amount, the proceedings of the two complaint cases shall stand quashed and closed. (Para 7 to 10)
SUPREME COURT OF INDIA
2024 STPL(Web) 74 SC
[2024 INSC 75]
Shatrughna Atmaram Patil & Ors. Vs. Vinod Dodhu Chaudhary & Anr.
Special Leave Petition (Crl.) No. 14585 of 2023 with Special Leave Petition (Crl.) No.14572 of 2023) And Special Leave Petition (Crl.) Nos. 14734-14735 of 2023) And Special Leave Petition (Crl.) No. 15433 of 2023) And Special Leave Petition (Crl.) No. 15294 of 2023-Decided on 30-1-2024
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