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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Tauseef Ahmad – Appellant
Versus
State of H.P. – Respondent
| Table of Content |
|---|
| 1. petition seeks fir quashing post-compromise (Para 1 , 2) |
| 2. petitioners favor; state opposes quashing (Para 3 , 4) |
| 3. forgery economic offences not quashable on compromise (Para 5 , 6 , 7 , 8) |
| 4. case shows forged documents societal cheating harm (Para 9 , 10) |
| 5. petition dismissed observations limited to disposal (Para 11 , 12) |
JUDGMENT :
Rakesh Kainthla, Judge
The petitioners have filed the present petition for quashing of FIR No.106 of 2019, dated 23.07.2019, registered at Police Station Badsar, District Hamirpur, H.P., for the commission of offences punishable under Sections 420, 120-B, 467, 468, and 471 of the Indian Penal Code (IPC) and Sections 66 C and 66 D of the Information Technology Act (IT Act) based on the compromise.
2. It has been asserted that the matter has been compromised between the parties after the registration of the F.I.R. voluntarily and without any influence. The informant does not want to proceed further with the matter after the compromise. Hence, the petition.
3. Mr K.S. Daulta, learned counsel for the petitioners, submitted that the matter has been voluntarily compromised between the parties without any influence of any person. The informant
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.
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.
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.
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 economic offences, such as forgery and corruption, cannot be quashed based on private settlements due to their impact on society and public interest.
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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