Code of Criminal Procedure, 1973 – s. 482 – Quashing of FIR – FIR against the accused-employee by the complainant for defrauding the State-employer – Allegations with reference to withdrawal of salary for the period the accused-employee was on unauthorized foreign trips and also withdrawal of salary by producing false medical certificates – FIR quashed by the High Court on basis of a “compromise” between the complainant and the accused – Sustainability: Held: Order not legally sustainable – Allegations against the accused are of defrauding the State – Such a matter cannot be settled on the basis of a “compromise” between two private individuals – Perusal of the contents of the FIR would show that it was not the complainant who was the victim with reference to the allegations made in the complaint to the police, to enable the High Court to exercise the power to quash the FIR on the basis of compromise – When the FIR was quashed the matter was still being investigated by the police – After setting the criminal machinery into motion, which had relevance with the fraud allegedly committed by the employee with her employer, the complainant did not have any locus to compromise the matter with the accused when the FIR had been registered – Even the High Court failed to consider that aspect of the matter – Also the reply filed by the State to the quashing petition was not referred to – Submission that in the departmental proceedings initiated on the same ground, employee has already been exonerated is merely to be noticed – Thus, impugned order passed by the High Court set aside. [Paras 7-9]
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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