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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SUMEET GOEL
Paramjit Singh @ Kaka – Appellant
Versus
State of Punjab – Respondent
| Table of Content |
|---|
| 1. filing for quashing fir due to acquittal. (Para 1 , 2) |
| 2. argument against fir due to acquittal. (Para 3 , 4) |
| 3. consideration of implications of fir continuance. (Para 5 , 6) |
| 4. judgment establishes precedent about fir under 229-a. (Para 7) |
| 5. court's power to prevent abuse of process. (Para 8 , 9) |
| 6. final order to quash fir based on case circumstances. (Para 10 , 11) |
JUDGMENT :
SUMEET GOEL, J.
1. Present petition has been filed under Section 528 of the BNSS , 2023, seeking quashing of the FIR No.92 dated 06.09.2021 under Section 229 -A of the IPC registered at Police Station Bholath, District Kapurthala as well as all subsequent proceedings and orders arising therefrom.
2. The impugned FIR (as set out in the petition in hand) reads thus:-
“I have inspected the record of police station and found that accused Paramjit Singh @ Kaka Son of Jagdev Singh resident of Zaid Police station Begowal District Kapurthala has been declared proclaimed offender in FIR No.37 dated 22.05.2014 U/s 21-61-85 NDPS Act Police station Bholath District Kapurthala by the Court of Sh. Jatinder Walia ASJ Kapurthala vide order dated 24-08-2017. It is very much clear that accused Paramjit Singh alia
Continuation of ancillary proceedings under Section 229-A IPC is unsustainable post-acquittal in the main trial, reflecting the need to prevent abuse of the judicial process.
Continuation of proceedings under Section 174-A IPC is unjust when the related complaint under Section 138 NI Act has been withdrawn following a compromise, affirming the court's role to prevent abus....
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....
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