Punjab and Haryana High Court Quashes FIR Against Proclaimed Offenders

Court exercises inherent powers to quash FIR after original criminal complaint is settled through compromise

In a significant judgment, the Punjab and Haryana High Court, presided over by Justice Sumeet Goel, has quashed an FIR registered against Pardeep Kaur and another under Section 174A of the Indian Penal Code (IPC), following the settlement of the primary criminal complaint through a mutual compromise. The court exercised its inherent jurisdiction under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), to prevent the continuation of proceedings that would be deemed unjust and non-productive.

The case stemmed from an FIR initially registered under Sections 323, 324, and 34 IPC, where the petitioners were declared proclaimed offenders due to their absence in court proceedings. Subsequently, they were charged under Section 174A IPC for failing to appear as directed by proclamation. However, the original FIR was quashed after the parties involved reached an amicable settlement, prompting the petitioners to seek the quashing of the subsequent FIR under Section 174A IPC.

Justice Goel, while delivering the judgment, emphasized that the inherent powers of the High Court are aimed at preventing abuse of judicial processes and securing the ends of justice. He noted that when a dispute is personal in nature and a genuine compromise is reached, the continuation of criminal proceedings would be unjust and counterproductive. The court highlighted that Section 174A IPC constitutes an independent offence, but the settlement of the original offence is a crucial factor to consider when deciding on the quashing of the FIR.

In his judgment, Justice Goel referred to several precedents, including cases from the Delhi High Court and the Supreme Court, which have held that Section 174A IPC is a standalone offence but can be quashed if the original complaint has been resolved amicably. The court underscored the importance of applying the law in a manner that ensures substantive justice and societal harmony, rather than adhering to a strict literal interpretation that could lead to unjust outcomes.

The judgment has brought relief to Pardeep Kaur and the other petitioner, as the FIR registered against them under Section 174A IPC is now quashed, along with all subsequent proceedings. This decision highlights the High Court's commitment to exercising its plenary powers judiciously to balance the letter of the law with its spirit, fostering fairness and equity in legal processes.

Bottom Line:

FIR under Section 174A IPC may be quashed if the primary criminal complaint leading to the proclamation of the accused has been settled and quashed through compromise, considering the principles of fairness, proportionality, and justice.

Statutory provision(s): Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, Section 174A of Indian Penal Code, 1860, Section 82 of Criminal Procedure Code, 1973

Pardeep Kaur v. State of Punjab, (Punjab And Haryana) : Law Finder Doc Id # 2812744