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FIR quashed in light of matter remaining pending since 20 years

Punjab and Haryana High Court: A Single Judge Bench comprising of Amol Rattan Singh, J. quashed an FIR relating to ‘electoral offence’ in a criminal case which was pending since 20 years.

Petitioners were before the Court praying for quashing the FIR registered under Section 171-A IPC and the proceedings arising therefrom. In the year 1998, an FIR was registered against the petitioners under Section 171-A on the allegation of giving bribe to voters during Panchayat elections. It was brought to the notice of the Court that the complainant had died during the pendency of proceedings. Complainant’s son appeared on his behalf, and stated that he had entered into a compromise with the petitioners, wholly voluntarily and without any coercion or undue influence, for the betterment of both the parties.

The Court noted the above said facts and circumstances and observed that the alleged offence was committed in the year 1998; the complaint had remained pending without even proceeding from the investigation stage, for past 20 years. Even the report under Section 173 CrPC was not submitted to the competent court. The deceased complainant himself did not pursue the complaint in earnest during his lifetime; the matter was now finally settled by his son. In such circumstances, the Court did not find any reason to disallow the petition. Accordingly, the petition was allowed and the FIR was quashed along with all proceedings emanating therefrom. [Jagroop Singh v. State of Punjab,2018 SCC OnLine P&H 876, dated 01-05-2018]

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