Excerpt
A petition was filed by Mr Mujeebuddin (petitioner) on the ground that parties have settled their disputes in terms of the Memorandum of Settlement dated 22.01.2021. The petitioners seek direction for quashing of FIR No. 172/2020.
Facts
On 22.01.2020 petitioner and respondent No.2 have settled their dispute by signing a Memorandum of Settlement. Due to some misunderstanding respondent No. 2 filed FIR No.172/2020 under Section 306/34 IPC registered at PS Kamla Market.
Contentions
Respondent No.2 claims that the affair was registered due to some misunderstanding but now the misunderstanding stands cleared in terms of Memorandum of Settlement dated 22.01.2020 The learned counsel for the petitioner relied upon the judgment of State of Kerala and others v. S Unnikrishnan Nair and others given by the Hon’ble Supreme Court. This case observed that inference has to be drawn from the circumstances. And if such a circumstance arises then the court cannot form an opinion rather or tentative view has to be taken.
Then the learned counsel took reliance on Renu and Anr. v. State of Punjab and Anr where the High Court quashed the FIR under section 306 IPC. A similar reliance was placed on the case Harmesh Singh and Anr. v. State of Punjab and Anr. where the High Court of Punjab quashed the FIR under section 306 when the complaint compromised the matter of offence.
Further, he adds that as per the Supreme Court decision on Parbat Bhai Aahir and Anr. V. State of Gujarat and Anr. (AIR 2017 SC 4843) the FIR should not be quashed in case of a heinous offence. But Section 482 specifies the power to quash the FIR even if the offence is non-compoundable. Finally, the learned counsel drew the attention of the court towards the statement made by the complainant before the trial court on 17.03.2021. The complainant made a statement that he does not wish to prosecute petitioners any further.
Court’s Judgment
The court took into consideration the aforesaid facts and as the complainant statement which implies that there was no useful purpose of the FIR. This led the court to quashed FIR no. 172/2020. The court allowed and disposed of the petition as well as the pending applications.
Click here to view the Judgement.
Libertatem.in is now on Telegram. Follow us for regular legal updates and judgment from courts. Follow us on Google News, Instagram, LinkedIn, Facebook & Twitter. You can subscribe to our Weekly Email Updates. You can also contribute stories like this and help us spread awareness for a better society. Submit Your Post Now.
