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TMI Blog2022 (5) TMI 1655X X X X Extracts X X X X X X X X Extracts X X X X ..... partners have failed to appear before the GST Department despite repeated reminders. Certain other allegations have been levelled against the petitioners firm regarding GST violations. In the present case, the offence pertains not only to inter se dispute between the parties but there is an element of possible evasion of GST. As per the judgments passed in the cases of State of Madhya Pradesh [ 2019 (3) TMI 1935 - SUPREME COURT] and Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and Ors. [ 2017 (10) TMI 1194 - SUPREME COURT] , the power to quash the FIR on the basis of compromise is not to be exercised for offences under the Special Statutes like the Prevention of Corruption Act, etc. In the present case, the investigation might reveal the commission of an offence under the GST Act. The present petition is dismissed. - HON BLE MR. JUSTICE JASJIT SINGH BEDI For the Appellant : Mr. Bhrigu Dutt Sharma, Advocate Mr. Sidakmeet Singh Sandhu, AAG, Punjab. ORDER JASJIT SINGH BEDI, J. (Oral) The present petition has been filed under Section 482 Cr.P .C for quashing of an FIR No.218 dated 23.09.2021 (Annexure P-1) registered with Police Station Division No.8, Jalandhar under Sections 40 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... decisions of this Court on the point, referred to herein above, it is observed and held as under: i) that the power conferred under section 482 of the Code to quash the criminal proceedings for the non-compoundable offences under Section 320 of the Code can be exercised having overwhelmingly and predominantly the civil character, particularly those arising out of commercial transactions or arising out of matrimonial relationship or family disputes and when the parties have resolved the entire dispute amongst themselves; ii) Such power is not to be exercised in those prosecutions which involved heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. Such offences are not private in nature and have a serious impact on society; iii) Similarly, such power is not to be exercised for the offences under the special statutes like Prevention of Corruption Act or the offences committed by public servants while working in that capacity are not to be quashed merely on the basis of compromise between the victim and the offender; iv) Offences under section 307 IPC and the Arms Act etc. would fall in the category of heinous and serious offences and therefore ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Court to prevent an abuse of the process of any court or to secure the ends of justice. The provision does not confer new powers. It only recognises and preserves powers which inhere in the High Court; (ii) The invocation of the jurisdiction of the High Court to quash a First Information Report or a criminal proceeding on the ground that a settlement has been arrived at between the offender and the victim is not the same as the invocation of jurisdiction for the purpose of compounding an offence. While compounding an offence, the power of the court is governed by the provisions of section 320 of the Code of Criminal Procedure, 1973. The power to quash under Section 482 is attracted even if the offence is non-compoundable. (iii) In forming an opinion whether a criminal proceeding or complaint should be quashed in exercise of its jurisdiction under Section 482, the High Court must evaluate whether the ends of justice would justify the exercise of the inherent power; (iv) While the inherent power of the High Court has a wide ambit and plenitude it has to be exercised; (i) to secure the ends of justice or (ii) to prevent an abuse of the process of any court; (v) The decision as to whe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... First Information Report in the exercise of its inherent jurisdiction. The High Court has adverted to two significant circumstances. Each of them has a bearing on whether the exercise of the jurisdiction under Section 482 to quash the FIR would subserve or secure the ends of justice or prevent an abuse of the process of the court. The first is that the appellants were absconding and warrants had been issued against them under section 70 of the Code of Criminal Procedure, 1973. The second is that the appellants have criminal antecedents, reflected in the chart which has been extracted in the earlier part of this judgment. The High Court adverted to the modus operandi which had been followed by the appellants in grabbing valuable parcels of land and noted that in the past as well, they were alleged to have been connected with such nefarious activities by opening bogus bank accounts. It was in this view of the matter that the High Court observed that in a case involving extortion, forgery and conspiracy where all the appellants were acting as a team, it was not in the interest of society to quash the FIR on the ground that a settlement had been arrived at with the complainant. We agr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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