In this post, we will cover essentials/basics for FIR quashing from Punjab Haryana High Court Chandigarh or we can say 10 commandments which needs to be fulfilled before the High Court exercises its discretion to Quash the FIR and ends the criminal case. Lets’ have it in FIR Quashing in 498 A 406 IPC case.
This view is based on latest judgment of Punjab Haryana High Court on FIR Quashing from Nitin Kumar & Ors. Vs UT Chandigarh and Ors. On 3 April, 2019. One can read the judgment here.
Also Read- Quashing by High Court Chandigarh
- Quashing power to be exercised sparingly and with caution.
- Two factors to be considered
- Ends of justice
- Prevent abuse of the process of any court
- Such power not to be exercised in heinous offences.
- When parties have compromised their dispute among themselves
- Courts will see the continuation of criminal cases would put the accused to great oppression and prejudice and extreme injustice would be caused to accused by no quashing the criminal cases.
- While settling dispute, and quashing cases under Section 482 of CrPC, the timings of settlement play an amid role.
- Parties can recall the order if there is breach of compromise.
Also Read- Quashing of FIR after or before Chargesheet
- Sube Singh v. State of Haryana, 2013(4)(RCR) Criminal 102
Where parties arrived at a compromise at appellate stage,
In that case, appeal against conviction was pending before the sessions Court and compromise was affected between the parties.
- FIR Quashing where charge is framed but evidence is to start, the high court can show benevolence in exercising its powers favorably but after prima facie assessment of circumstances/matter as mentioned above.
- FIR Quashing at stage of evidence High Court should refrain from exercising its power under Sec 482 CrPC as trial court would be in a position to decide the case on merits and to conclude whether offences alleged are made out or not.
- FIR Quashing where conviction is already rewarded by trial court and matter is at the appellate stage before high court, a mere compromise between the parties would not be a ground to accept the same resulting in acquittal of offender.
Brief Facts of the case are:
- Nitin Kumar & Ors V. Union Territory of Chandigarh & Ors.
- Date of Decision- 04.2019
- FIR no. – 153 dated 02.07.2011
Sections – 406, 498A IPC
Sector 19, Chandigarh
Judgment of conviction – 04.12.2014
- Mohan 406
- Sunaksha Rani 498A
- Sentences to run concurrently vide order dated– 16.02.2019
- Statement of compromise recorded before trial court/ilaqa magistrate
- Compromise out of their own free will, without any threat or coercion from any side.
There is no straight jacket formula for quashing of FIR and it depends from case to case basis.
Thus, the court’s discretion can only prevail in Quashing of FIR in 498A, 406 IPC Cases in Punjab Haryana High Court. Rest better to consult best quashing lawyers in High Court Chandigarh practicing in Punjab Haryana (Panchkula Mohali).
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