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HC: After compromise, criminal cases in personal disputes can be quashed.

Chandigarh: Punjab and Haryana high court has ruled that when a dispute is essentially personal in nature and a genuine compromise has been reached, HC may intervene to quash the criminal proceedings, recognising that continuing these would be non-productive and unjust.

The HC passed these orders while quashing an FIR registered against a person declared proclaimed offender (PO) in a case against him under the Ne gotiable Instrument Act, in which both parties had reached a compromise.

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Pointing out that such litigation will have an adverse impact on the overburdened court dockets, HC held that allowing such prosecution, when the initial complaint has been settled or withdrawn, would undermine the legislative intent and distort the remedial nature of Section 138 of the Negotiable Instrument Act. It would also contravene the “principles of fairness, proportionality, and justice in criminal proceedings”.

In its detailed orders, Justice Sumeet Goel of the HC observed that an FIR in such cases do not become liable to be quashed on their own. The fact of the criminal complaint or FIR being compromised or settled is undoubtedly a relevant factor to be considered while dealing with a plea for quashing an FIR under Section 174-A (declaring a person a proclaimed offender) of IPC. “This fact assumes greater significance considering that the initial proceedings pertain exclusively to a private criminal complaint under the Negotiable Instrument Act, which the legislature has expressly classified as a compoundable offence,” observed the court. Justice Goel clarified that a literal interpretation may sometimes lead to unjust outcomes that also contradict the law’s purpose. Therefore, the HC, under its inherent jurisdiction, must balance the letter of the law with its spirit, ensuring fair and equitable results.

Justice Goel passed thes orders on Tuesday while hear petition filed by Soni Kumar  the quashing of an FIF ted March 12, 2023, registe under Section 174-A (declari proclaimed offender) OIPC Longowal police station, Sarur

For case specific advice, get in touch with best Quashing Lawyers Punjab and Haryana High Court District Court Chandigarh Panchkula Mohali Derabassi Kharar.

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