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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Anand Kumar @ Ritesh Kumar – Appellant
Versus
State of H.P. – Respondent
| Table of Content |
|---|
| 1. fir for cheating via fake petrol pump sanction. (Para 1 , 2 , 3) |
| 2. arguments for/against quashing on voluntary compromise. (Para 4 , 5 , 6) |
| 3. precedents prohibit quashing forgery despite settlement. (Para 7 , 8) |
| 4. economic offences impact society; no quashing. (Para 9 , 10) |
| 5. financial fraud impersonation harms public interest. (Para 11 , 12) |
| 6. petition dismissed; fir proceedings continue. (Para 13 , 14) |
JUDGMENT :
RAKESH KAINTHLA, J.
1. The petitioners have filed the present petition for seeking quashing of FIR No.64 of 2022, dated 26.09.2022, registered at Police Station Darlaghat, District Solan, H.P., for the commission of offences punishable under Sections 420, 471 and 201 read with Section 34 of the Indian Penal Code (IPC) based on the compromise.
2. As per the FIR, the informant had received a call from a person representing himself as the Manager of a Petroleum Company. The caller also forwarded some documents to the informant. The caller said that the informant’s application for a petrol pump was sanctioned, but he would have to deposit Rs.50,000/-. The informant deposited the money, but the caller asked for a larger amount. When the demand for the deposit
Economic offences involving cheating, forgery and impersonation cannot be quashed under inherent powers based on compromise due to their societal impact and harm to public financial interests.
Economic offences involving forgery and cheating cannot be quashed under CrPC Section 482 on compromise basis due to societal impact and public interest in prosecution.
Quashing of FIRs for serious economic offences, such as forgery, cannot be justified by private settlements due to their implications on societal interests.
The court reinforced that economic offences with societal implications should not be quashed based on civil settlements.
Offences involving forgery and societal impact cannot be quashed based on compromise.
Serious economic offences, such as forgery and corruption, cannot be quashed based on private settlements due to their impact on society and public interest.
The court emphasized the wide amplitude of inherent powers under section 482 of Cr.P.C. and the principles governing the exercise of such powers, highlighting the nature and gravity of the offence, p....
Serious offences against society, particularly forgery and cheating involving public officials, cannot be quashed based on compromise between parties.
The exercise of inherent power for quashing the FIR and all consequential proceedings is justified to secure the ends of justice, especially when the compromise is voluntary and not secured through c....
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