Case BriefsHigh Courts

Allahabad High Court: A petition was filed before a Division Bench comprising of Ramesh Sinha and Dinesh Kumar Singh, JJ., for quashing an FIR registered under Sections 409, 419, 420, 467, 468, 471, 477A, 201, 218 and 120-B/34 IPC and 13(2) Prevention of Corruption Act, 1988.

Facts of the case were that an FIR was filed against petitioner in 2006 and the investigation was pending even after 12 years. Petitioner submitted that a similar petition had been filed by accused where an interim order was passed in his favour, therefore, he is also entitled for the same. Petitioner contended that from perusal of FIR it could not be said that any offence was made out against him. Petitioner also stated the fact that investigation of the case was yet not been completed.

High Court after considering the facts and circumstances of the case and submissions of petitioner directed the investigating officer to complete the investigation and submit police report before the Court. Further, the direction was issued to not arrest the petitioner before the completion of investigation and submission of the report under Section 173(2) Criminal Procedure Code, 1973. [Bharti Singh v. State of U.P., 2018 SCC OnLine All 1933, order dated 11-10-2018]

Case BriefsHigh Courts

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]