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FIR against proclaimed offender can’t be quashed on basis of compromise: Punjab and Haryana HC
In the case at hand, the FIR was against one Sukhwinder Singh, wife Manjeet Kaur, father, Karnail Singh and one Paramjeet Singh. The FIR was pending since 2014 on allegations of cheating, and forgery etc.
The Punjab and Haryana high court (HC) has held that the FIR against a proclaimed offender can’t be quashed even if a compromise has been struck with the complainant.
“He (proclaimed offender) cannot short-circuit the system by filing petitions through Powers of Attorney unless he was a minor, insane, suffering from disability or for certain compelling circumstances is unable to appear in person,” the bench of justice JS Bedi said while dismissing a plea from four persons hailing from Kapurthala.
In the case at hand, the FIR was against one Sukhwinder Singh, wife Manjeet Kaur, father, Karnail Singh and one Paramjeet Singh. The FIR was pending since 2014 on allegations of cheating, and forgery etc.
All four had filed a plea in the HC on February 13, 2023, seeking the quashing of the FIR. Singh had filed through special power of attorney to his mother since he is in United States of America.
They had argued that a compromise has been effected between the parties in terms of which a sum of ₹5 crore has been paid to the complainant and, therefore, the FIR and proceedings emanating be quashed in view of the compromise. The complainant had also agreed for withdrawal of criminal proceedings.
However, upon notice, the state submitted a report stating that Sukhwinder Singh has six criminal cases registered against him, his wife faces four cases, father, Karnail Singh has two cases and Paramjit Singh has one case.
On the basis of this, the state’s counsel had argued that they are absconders, a fact which they have not stated in their petition. The court also took note of an anonymous complaint filed through verifiable evidence alleging that there were serious allegations against Sukhwinder Singh of siphoning off crores of rupees and later fleeing to USA. All four have been declared proclaimed offenders in different criminal cases, including the FIR in question, it was submitted.
The court observed that multiple cases are pending against them and they are proclaimed offenders. “A proclaimed offender cannot seek quashing of the FIR on the basis of a compromise, more so, when he is absconding in multiple cases pending against him,” the bench said dismissing the plea and further adding that the ends of justice would only be served by the accused submitting to the jurisdiction of the courts after which they would be at liberty to avail their remedies in accordance with law.
