Chances of quashing of fir in higher court(420/120b/465/467/468/471 and 24 immigration act))
Querist :
Anonymous
(Querist) 20 August 2011
This query is : Resolved
case is registered under 420/120b/465/467/468/471 and 24 immigration act.It is of fake visa.Now the person who lodged the fir has compromised.
Is there any chances of quashing fir as many of the above offences are non-compoundable???
Please tell me can this fir be quashed in high court or not?
ajay sethi
(Expert) 20 August 2011
yes it can be supreme court has held that inherent powers can be used to quash the proceedings . i am enclosing herewith relevant extracts of judgements
Learned counsel for the petitioner to buttress his arguments places reliance on law laid down in (2003) 4 SCC 675, (2008) 4 SCC 582, (2008) 9 SCC 677. In (2003) 4 SCC 675 where the parties intended to compromise a criminal case under section 498-A 323 and 406 RPC and were not in a position to give shape to their intention because of the offences being non compoundable, the Supreme Court observing that the inherent powers were without limits and were to be 4
exercised with the sole purpose to prevent abuse of process of court or otherwise to secure the ends of justice held
"if for the purpose of securing ends of justice, quashing of FIR becomes necessary, section 320 would not be a bar to exercise, power of quashing"
it was further held "that in a criminal case, the veiled object beyond a limit prosecution, very nature of which the Director of Prosecution, can justify the High Court in quashing the proceedings in the interest of justice and the ends of justice is higher than ends of law.
In (2008) 4 SCC 582 the Supreme Court observed as under:
"6. we need to emphasise that it is perhaps advisable that in disputes where the question involved is of a purely personal nature, the court should
ordinarily accept the terms of the compromise even in criminal proceedings as keeping the matter alive with no possibility of a result in favour of the prosecution is a luxury which the courts, grossly overburdened as they are, cannot afford and that the time so saved can be utilized in deciding more effective and meaningful litigation. This is a common sense approach to the matter based on ground of realities and bereft of the technicalities of the law."
In (2008) 9 SCC 677 where the dispute between a company and bank, was being set at rest on the basis of compromise arrived at by them where under the dues of the bank had been cleared by the 5
company, leaving no further claim against the company, the Supreme Court held the matter to be "a fit case where technicality should not be allowed to stand in the way in quashing of the criminal proceedings," as in the words of Supreme Court "the continuance of the same after a compromise arrived at between the parties would be a futile exercise"
The Supreme Court after said observations quashed criminal proceedings under section 420, 467, 468 and 471 IPC.
Kiran Kumar
(Expert) 20 August 2011
yes it is quashable...
as my Ld. friend Mr. Sethi advised there have been various judgments of Hon'ble SC and Hon'ble HCs on this issue.
I have dealt with a few Compromise based quashing petitions before Hon'ble Punjab and Haryana High Court at Chandigarh.
Querist :
Anonymous
(Querist) 20 August 2011
Thanks every one......
How much time request for quashing will take in high court???
Sachin Bhatia
(Expert) 20 August 2011
agree with the above experts.
K.S.Srinivas
(Expert) 20 August 2011
I learnt something from Mr.Ajay Sethi's reply. Thank you sir.
SANJAY GUPTA
(Expert) 21 August 2011
It can be said how much time it will take, ask conducting lawyer for ur answer.
girish shringi
(Expert) 24 August 2011
When the FIR lodged with firm facts the person is against the state,and not any individual if your chargesheet proves to be the offender,your quashing is at all not possible the case of foreigners issue is a serious crime.
You are not having the right to file under the constitution of India if you are not the resident of India.
