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JASJIT SINGH BEDI
Iqbal Singh Sumbal – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Mr. Jasjit Singh Bedi, J. (Oral)
The prayer in this petition under Section 482 Cr.PC is for quashing of FIR No.200 dated 01.10.2005 (Annexure P-1) under Sections 447 , 427, 506, 148, 149 IPC registered at P.S. Phillaur, District Jalandhar and all consequential proceedings arising therefrom including the order dated 11.04.2012 (Annexure P-2) vide which the petitioner was declared a proclaimed offender as 16 of the co-accused of the petitioner already stands acquitted by the Trial Court vide judgement dated 09.04.2014 (Annexure P- 3).
2. The Counsel for the petitioner contends that the FIR pertains to the year 2005. The petitioner had filed his first quashing petition which came to be dismissed by this Court vide order dated 6.3.2007. Thereafter, the petitioner was declared a proclaimed offender vide order dated 11.04.2012 (Annexure P-2). Subsequently, his co-accused came to be acquitted vide judgement dated 09.04.2014 (Annexure P-3). Therefore, the FIR and the order dated 11.04.2012 vide which the petitioner was declared a proclaimed offender ought to be quashed since the petitioner could not come back to face trial as his passport was expiring.
3. The Counsel for the State
A proclaimed offender cannot seek quashing of the FIR on the basis of a compromise, unless there are compelling circumstances such as being a minor, insane, or suffering from a disability.
The court affirmed that the inherent powers under Section 482 of the CrPC should be exercised sparingly, emphasizing that acquittal of a co-accused does not automatically warrant quashing proceedings....
A petition under Section 482 of the Code of Criminal Procedure for quashing of complaint and summoning order can only be filed by the accused person and not by a third person or through a SPA holder.
A petition under Section 482 of the Code of Criminal Procedure can only be filed by the accused person and not through a third party such as a SPA holder.
The court held that an FIR alleging cognizable offences cannot be quashed merely based on claims of disability or false implication; the truth of allegations is to be assessed at trial.
Criminal proceedings require the personal appearance of the accused, and petitions cannot be filed through a power of attorney holder unless the accused has a recognized legal disability.
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