Gujarat HC ruled compromises between parties cannot let quashing of offences falling under serious nature

The accused filed a petition for quashing of FIR in the court. FIR was a forgery concerning land-grabbing. Court refused to quash the proceedings even after the parties had reached a mutual settlement.

The accused had allegations of forgery. He and his brother had forged documents to acquire the land of the complainant using fraudulent means.

The accused had a history of such offenses. There are various FIRs lodged against the accused related to forgery. Other similar cases were running against him. Also, it was found that the accused had not cooperated with the investigation.

The court refused to provide relief to the accused, stating that such powers of the court are to ensure the delivery of justice. However, they depend on the facts and circumstances of each case. The court cannot quash heinous and serious offenses using these powers.

Court stated that general commercial disputes, civil matters, and matrimonial disputes are generally considered for quashing.

It further stated that since the offence affects not just the individual but the entire society, inherent powers should be used rarely.

Court shared that given the facts and circumstances of the case, the role of the petitioner creates doubt.

Court dismissed the petition accordingly.

 

Source: https://lawtrend.in/section-482-crpc-heinous-and-serious-offences-cannot-be-quashed-on-compromise-between-parties-rules-gujarat-hc/