Case BriefsHigh Courts

Orissa High Court: Sashikant Mishra J. allowed the criminal petition and quashed the FIR and the criminal proceeding due to inordinate delay on the part of investigating authorities.

The facts of the case are such that an FIR was lodged against the present petitioner on by the then Tahasildar, Chhendipada before the Officer-in- Charge, Chhendipada Police Station leading to registration of case for the alleged commission of offence under Sections 447/379/188/294/535/506 of Penal Code, 1860 i.e. IPC. The said case is presently pending in the Court of J.M.F.C., Chhendipada. Final Report was submitted in the case after more than 15 years. The inaction of the investigating agency complied with inordinate delay was cited as a ground by the petitioner for quashment of the FIR and the consequential criminal proceedings in the present application filed under Section 482 Cr.P.C.

Counsel for the petitioner M/s. Anirudha Das, A Das,S.C. Mishra, A. Das and A. Sahoo submitted that that continuance of the case without Final Form being submitted for as long as 15 years by itself is an abuse of the process of Court. It is further argued that the petitioner is presently aged about 72 years and has been going through tremendous mental strain and anxiety because of pendency of the criminal case and the uncertainty attached to it. Since right to speedy trial is also a part of fundamental right under Article 21 of the Constitution of India, it was contended that inaction of the investigating agency for an inordinately long period of time directly violates such right, for which the proceedings need to be quashed.

Counsel for respondents Mr. P. K. Maharaj admitting that the Final Form was not filed for as long as 15 years, however, contends that no time limit being prescribed for conclusion of a criminal proceeding, mere delay in submission of Final Form or Final Report, as the case may be, cannot be a ground to quash the Proceedings.

The Court observed that this is a case of a man against whom an FIR was lodged and investigation continued for as long as 15 years to ultimately end in a Final Report being filed. One can only imagine the stress that the petitioner would have undergone during all these years with the “Sword of Damocles” hanging over his head.

The Court further observed that pendency of a criminal proceeding, irrespective of the nature of the offence alleged, are sufficient to cause concern, anxiety and apprehension in the mind of the accused not to speak of the expenses that he may have to incur in defending himself. What is a matter of greater concern to note is that there is no explanation whatsoever from the side of the investigating agency as to the reasons for non-completion of investigation for all these years.

The Court also took note of the fact that save and except the offence under Section 506, all the other offences alleged to have been committed by the accused namely, Sections 447/379/188/294/353 of IPC, are punishable with imprisonment for terms ranging from one year to three years at the most. So even if a Final Form had been submitted, the concerned Magistrate would have been hard put to take cognizance keeping in view the provisions under Section 468 of Cr.P.C. However, that is besides the point. The crux of the matter is inordinate delay in completion of the investigation.

The Court held that the inaction of the investigating agency to conclude the investigation for as long as 15 years, that too, without offering even a semblance of explanation is a direct affront to the cherished principle of right to speedy trial ingrained in the provisions of Article 21 of the Constitution of India.

The Court held this is a fit case to exercise its inherent powers under Section 482 of Cr.P.C. to put an end to the fiasco, once for all, moreso, as the investigation has ended in Final Report True being submitted.

The Court also observed that the higher police authorities should take note of such inaction on the part of the investigating officer (s) and pass appropriate orders to be followed by all concerned so as to prevent the same from recurring in future.[Binod Bihari Shetty v. State of Orissa, CrlMC No. 112 of 2020, decided on 03-01-2022]


Arunima Bose, Editorial Assistant has reported this brief.

Himachal Pradesh High Court
Case BriefsHigh Courts

Himachal Pradesh High Court: Chander Bhusan Barowalia J. disposed of the petition and quashed the FIR/complaint.

The facts of the case are such that marriage between Mukesh Sharma (son of petitioners 1 and 2 and brother of petitioner 3) and respondent No. 2/wife was solemnized on according to the Hindu rites and ceremonies and out of their wedlock one son namely, Master Kartik, was begotten. However, immediately after the marriage, differences arose between them and the wife has lodged a complaint against her husband and his family members, wherein allegations of harassment for bringing less dowry and maltreatment have been leveled. Consequently, F.I.R was registered under Sections 498A, 406, 120B and 506 Penal Code, 1860 i.e. IPC. However, the parties settled their dispute amicably, vide Compromise Deed, as per terms of the Compromise Deed, they do not want to continue with the present case. Hence, the present petition was filed under Section 482 of the Code of Criminal Procedure i.e CrPC for quashing the F.I.R.

Counsel for petitioner Mr. Ashok Kumar Thakur submitted that the parties have compromised the matter vide compromise deed, no purpose would be served by keeping the proceedings alive, therefore, the FIR, along with consequent proceedings arising out of the same, may be quashed and set aside.

Counsel for respondent Mr. C N Singh and Mr. Devender Sharma submitted that parties have settled their dispute amicably, the present petition may be allowed.

The Court relied on judgment Jitendra Raghuvanshi v. Babita Raghuvanshi, (2013) 4 SCC 58 wherein it was observed that “Even if the offences are non compoundable, If they relate to matrimonial disputes and the court is satisfied that the parties have settled the same amicably and without any pressure, we hold that for the purpose of securing ends of justice, Section 320 of the Code would not be a bar to the exercise of power of quashing of FIR, complaint or the subsequent criminal proceedings.”

The Court thus observed that even if, the trial is allowed to be continued, as the parties have compromised the matter, there are bleak chances of conviction to secure the ends of justice. Thus, taking into consideration the law as discussed hereinabove and the compromise arrived at between the parties vide Compromise Deed, placed on record, I find that the interest of justice would be met, in case, the proceedings are quashed, as the parties have compromised the matter and do not want to proceed further with the case in order to live peacefully.

The Court heldpresent is a fit case to exercise jurisdiction vested in this Court, under Section 482 of the Code and, therefore, the present petition is allowed and F.I.R No. 105, dated 01.06.2013, under Sections 498A, 406, 120B and 506 of IPC, registered at Police Station Dehra, District Kangra, H.P., is ordered to be quashed.”

[Parkash Chand v. State of H P, 2021 SCC OnLine HP 7918, decided on 15-11-2021]


Arunima Bose, Editorial Assistant has reported this brief.

Uttarakhand High Court
Case BriefsHigh Courts

Uttaranchal High Court: A Single Judge Bench comprising of V.K. Bisht, J. allowed a criminal miscellaneous petition filed under Section 482 CrPC for quashing of the proceedings pending against the petitioner before the trial court in a criminal case.

The petitioner was booked as a co-accused in a criminal case registered for the commission of offences punishable under Sections 147, 323, 420, 468, 471, 504, 506 IPC. Along with the petition, a joint compounding application was also filed. The compounding application was supported by the affidavits filed by the petitioner-accused and the respondent-complainant. It was stated that the petitioner and the respondent had entered into an amicable settlement, and the respondent did not want to prosecute the case any further.

The High Court noted that the petitioner and the respondent were present in the Court and they were duly identified by their respective counsels. The parties admitted to an amicable settlement. The High Court relied on the Supreme Court decision in Gian Singh v. State of Punjab, (2012) 10 SCC 303, wherein it was held that criminal proceedings can be quashed by the Court, if the Court is satisfied that the matter has been settled between the parties amicably and the parties are interested to restore peace and harmony between them. Having considered the submissions and after going through the entire record, the High Court was satisfied that the parties had settled the dispute amicably. Thus, the Court allowed the petition and quashed the criminal proceedings pending against the petitioner before the trial court. The compounding application was disposed of accordingly. [Dilbagh Singh v. State of Uttarakhand,2018 SCC OnLine Utt 569, dated 19-6-2018]

Case BriefsHigh Courts

Rajasthan High Court: A Single Judge Bench comprising of Arun Bhansali J., dismissed a writ petition on the basis of unreasonable and baseless grounds placed in regard to the grievance.

The brief facts of the case are that the petitioner was a widow and had been appointed in the said category of “widow” as a grade three teacher and eventually she had been transferred to a few other schools one after the other.

The primary contention of the petitioner is that she being an appointee in the category of “widow” is aware of the fact that in accordance to Rule 7B of the Rajasthan Educational Service Rules, 1970, she can only be replaced with a widow in place of her, whereas there was a violation of a rule in which as she was replaced by some person named Sanwat Singh Rathore. She also placed further contention saying that, due to certain ailments she was restricted from any kind of movement. For the stated reasons she had filed the petition asking for quashing of transfer order.

The Hon’ble High Court, concluded its order by stating that the contentions posed by the petitioner in regard to manning of her position has been declared to be illegal, the point which talks about violation of provision 7B of the Rules of 1970, the Court stated that the rule only talks about the reservation of vacancies for women and not the transfers/postings made. Though the Court by dismissing the petition has been considerate about the physical condition of the petitioner but subsequently observed that this cannot be the ground for invalidating the said transfer order. [Rani Lamba v. State of Rajasthan, 2018 SCC OnLine Raj 1301, dated 24-05-2018]

Case BriefsHigh Courts

Delhi High Court: A Single Judge Bench of the Delhi High Court ruled that proceedings under Sections 498-A, 406 read with 34 of the Penal Code, 1860 can be quashed by the High Court upon request of the parties after reaching a settlement agreement  to obtain divorce by mutual consent.

Appellant 1 and Respondent  2 were married but had no issue out of the wedlock. Disputes arose between them, resulting in the FIR bearing No. 0615/2014 alleging offences under Sections 498-A, 406 read with 34  IPC. A petition under Section 12 of the Domestic Violence Act, 2005 was also filed. The parties later reached an amicable solution. The petitioner agreed to pay 1 lakh to Respondent 2 for the settlement of all her claims including maintenance. The said petition was withdrawn by Respondent  2.

Respondent 2 stated that she willingly settled the matter and not under any pressure or coercion. The Court was of the view that now that the parties have settled the matter, no further purpose is served in pursuing the matter further. Hence, the petition was disposed of. [Vijay v. State NCT of Delhi, 2017 SCC OnLine Del 9902, decided on 10.08.2017]