Allowed

Varinder Singh v. State of Haryana

Punjab & Haryana HC3 Apr 2012CRM-M/38837/2011

Case brief

AI extract

What is this about?

The High Court allowed a petition to quash an FIR registered under Section 174-A IPC, holding that no Court can take cognizance without a written complaint by a public servant under Section 195 Cr.P.C., and noting that allowing such proceedings after a prior compromise-based FIR was quashed would be a misuse of process.

What did the court decide?

FIR No.676 dated 13.10.2011 under Section 174-A IPC and all subsequent proceedings arising therefrom are hereby quashed.

Varinder Singh Vs State of Haryana — Quashing and FIR | Punjab & Haryana HC (2012)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Crl. M. No.M-38837 of 2011 Date of Decision:03.4.2012

Varinder Singh

.... Petitioner

Versus

State of Haryana

.... Respondent

CORAM: Hon'ble Ms. Justice Nirmaljit Kaur

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Present: Mr. Sanjeev Sharma, Advocate for the petitioner. Mr. S.S. Goripuria, Addl. A.G. Haryana.

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1.Whether Reporters of Local Newspapers may be allowed to see the judgment?

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2.To be referred to the Reporters or not?

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3.Whether the judgment should be reported in the Digest?

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NIRMALJIT KAUR, J.(Oral)

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This is a petition under Section 482 Cr.P.C for quashing of FIR No.676 dated 13.10.2011 under Section 174-A IPC registered at Police Station Civil Lines Hisar.

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Learned counsel for the petitioner contends that the present FIR was registered for the offence under Section 174-A IPC. It is further contended that as per Section 195 Cr.P.C., offence under Sections 172 to 188 IPC can only be tried on the complaint in writing of the public servant concerned and unless and until such a complaint is filed, no Court shall take cognizance. It is further contended that no PO proceedings can be initiated in an FIR registered under Section 174-A IPC in view of Section 82 Sub Clause (4) of the Code of Criminal Procedure.

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Learned State counsel is not able to dispute the said legal

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position.

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Heard.

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It is an admitted position that the petitioner had earlier filed

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Crl. M. No.M-38837 of 2011

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-2-

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Crl. M. No.M-14709 of 2009 for quashing of FIR No.604 dated 29.11.2008 registered under Sections 498-A, 406, 506, 120 IPC at Police Station Civil Lines, Hissar on the basis of compromise arrived with the complainantBaljinder Kaur and the said FIR was quashed by this Court vide order dated 6.2.2012 on the basis of compromise.

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Thus, allowing the proceedings in an FIR registered under Section 174-A IPC, which is an out come of FIR No.604 dated 29.11.2008 registered under Sections 498-A, 406, 506, 120 IPC at Police Station Civil Lines, Hissar, which already stood quashed on the basis of compromise, is nothing but misuse of the process of law.

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Moreover, there is no dispute that proceeding under Section 174-A IPC can only be initiated on the basis of written complaint by a public servant concerned. In the present case, no such complaint has been filed by a public servant concerned. As such, the Court could not have taken cognizance.

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In view of the admitted position as above, the present petition is allowed and FIR No.676 dated 13.10.2011 under Section 174-A IPC registered at Police Station Civil Lines Hisar and all subsequent proceedings arising therefrom are hereby quashed.

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3.4.2012 rajeev

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( NIRMALJIT KAUR ) JUDGE

Varinder Singh v. State of Haryana

Case brief

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Varinder Singh v. State of Haryana

Case brief

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What did the court decide?

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