* Author
[2024] 3 S.C.R. 1004 : 2024 INSC 263
State of Haryana
v.
Dr. Ritu Singh and Another
(Criminal Appeal No. 1791 of 2024)
22 March 2024
[Sudhanshu Dhulia and Rajesh Bindal,* JJ.]
Issue for Consideration
FIR against the accused-employee by the complainant, for
defrauding the State-employer, if can be quashed on basis of a
“compromise” between the complainant and the accused.
Headnotes
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]
[2024] 3 S.C.R. 1005
State of Haryana v. Dr. Ritu Singh and Another
List of Acts
Code of Criminal Procedure, 1973.
List of Keywords
FIR; Quashing of FIR; Compromise between two private individuals;
Defrauding the State.
Case Arising From
CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No.1791
of 2024
From the Judgment and Order dated 27.02.2019 of the High Court
of Punjab & Haryana at Chandigarh in CRMM No. 51493 of 2018
Appearances for Parties
Deepak Thukral, A.A.G., Gautam Sharma, Dr. Monika Gusain, Advs.
for the Appellant.
Aayush Agarwala, M/S. PBA Legal, Nitin Saluja, Ms. Pranya Madan,
Nischal Tripathi, Advs. for the Respondents.
Judgment / Order of the Supreme Court
Judgment
Rajesh Bindal, J.
1. The State has filed the present appeal impugning the order1
passed
by the High Court2
whereby the petition3
filed by the respondent
no.1 seeking quashing of the FIR was allowed and the same was
quashed on the basis of the compromise entered into between the
complainant-respondent no.2 and the accused-respondent no.1.
2. Briefly stated, the facts available on record are that a complaint
was filed by the respondent no.2 with the police alleging certain
offences committed by the respondent no.1, on the basis of which
FIR4
in question was registered. Respondent no.1 at the relevant
point of time was working as veterinary doctor in Policlinic, Sonipat
1 Dated 27.02.2019
2 High Court of Punjab and Haryana at Chandigarh
3 CRM-M-51493 of 2018
4 FIR No.0116 dated 12.05.2018, Police Station Barauda, Dist. Sonipat, Haryana
1006 [2024] 3 S.C.R.
Digital Supreme Court Reports
Animal Husbandry Department. Immediately, after registration of the
FIR while the matter was still under investigation, the respondent
no.1 filed a petition in the High Court seeking quashing thereof. A
perusal of the impugned order passed by the High Court shows that
respondent no.1-accused as well as respondent no.2-complainant
submitted before the High Court that the matter in dispute has been
amicably settled between the parties, hence, the FIR may be quashed
on the basis of the compromise. Even though in the reply filed by
the State to the quashing petition, the stand taken was that the
FIR does not deserve be quashed as there are serious allegations
against the respondent no.1-accused. However, still the High Court
merely because the complainant had compromised the matter with
the respondent no.1-accused, quashed the FIR. The aforesaid order
is impugned by the State before this Court.
3. Learned counsel for the appellant submitted that once on the
basis of a complainant, submitted to the Police, an FIR had been
registered with the allegations that the respondent no.1 was involved
in commission of serious offences during her service career and
the matter was still under investigation, the High Court exceeded its
jurisdiction in quashing the FIR, merely because the complainantrespondent no.2 had compromised the matter with the accusedrespondent no.1. After the FIR was registered or even before that,
it was not the complainant only who was the sufferer, rather it was
an offence against the State. Allegation against the respondent no.1
was of defrauding the State, her employer. The FIR was registered
as cognizable offence was found to have been committed by the
respondent no.1. The stand taken by the State before the High
Court was not even considered.
4. On the other hand, learned counsel for the respondent no.1 submitted
that the respondent no.2-complainant had no locus to involve in the
issue. He had filed a complaint to the police with certain allegations
with regard to her service career referring to certain documents,
which were not privy to him. Registration of FIR against respondent
no.1 was merely to harass her, who had otherwise exposed various
irregularities in the Animal Husbandry Department. Even in the
departmental proceedings, the respondent no.1 has been exonerated
after due enquiry. If FIR is allowed to be proceeded with, it will be
nothing else but an abuse of process of law. The High Court has not
committed any error in the exercise of jurisdiction to quash the FIR.
[2024] 3 S.C.R. 1007
State of Haryana v. Dr. Ritu Singh and Another
5. We have heard learned counsel for the parties and perused the
paper book.
6. In the case in hand, on the basis of information received under the
Right to Information Act, 2015 the respondent no.2 filed complaint
to the police, on the basis of which FIR in-question was registered.
The contents of the same are extracted below:
“Sir, in concern to abovementioned subject, I draw your
attention that Dr. Ritu Singh Veterinary Doctor Policlinic
Sonipat Animal Husbandry Department was appointed
in year 2013-2014 at Nizampur Gohana. Thereafter, Dr.
Ritu Singh visited foreign countries 6-7 times without
the permission of department. During these visits, she
had shown her presence at State Veterinary Hospital
Nizampur. During this period (Foreign Trips), showing false
presence, self verified and withdraw the salary from Govt.
Treasury. During this period, she also presented false
medical certificates and intentionally, under a scheme, she
withdrew the salary from Govt. Treasury and committed
loss to Govt. Treasury. It is requested to you that this
complaint be fairly investigated and legal action be taken
against her. Enclosed: Information received under RTI.
26 Applicant: Satish Saroha S/o Sh. Lekhi Ram Village
Veyapur, Sonipat.”
6.1 Immediately after registration of FIR, respondent no.1 filed a
petition before the High Court seeking quashing thereof, on
the basis of the compromise with the complainant, which was
allowed by the High Court.
7. A 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.
The allegations are with reference to withdrawal of salary for the
period the respondent no.1 was on unauthorized foreign trips and
also withdrawal of salary by producing false medical certificates5
.
When the FIR in-question was quashed the matter was still being
5 The victim was not the complainant but the State.
1008 [2024] 3 S.C.R.
Digital Supreme Court Reports
investigated by the police. It was even so submitted by the State in
its reply to the quashing petition in the High Court.
8. In the facts of the present case after setting the criminal machinery
into motion, which had relevance with the fraud allegedly committed
by the respondent no.1 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 had failed to
consider that aspect of the matter. Even though the reply filed by
the State to the quashing petition was taken on record but without
even referring to the stand taken therein, merely on the basis of
compromise entered into between the complainant and the accused,
the FIR was quashed. The order cannot be legally sustained. The
allegations against the accused are of defrauding the State. How can
such a matter be settled on the basis of a “compromise” between
two private individuals? The simple answer is that it cannot be done.
8.1 The argument raised by the learned counsel for the respondent
no.1 that in the departmental proceedings initiated on the same
ground, she has already been exonerated is merely to be
noticed as this may be a defence of the accused, which was
not at all the ground on the basis of which the FIR in-question
was quashed, at the stage of investigation.
9. For the reasons mentioned above, the present appeal is allowed.
The impugned order passed by the High Court is set aside. The
petition filed by the respondent no.1 seeking quashing of the FIR
in-question on the basis of compromise is dismissed. However, we
make it clear that nothing said above will prejudice the case of the
respondent no.1 for taking any defence in the proceedings against
her at any appropriate stage. The limited issue considered by this
Court was with reference to quashing of the FIR in-question on the
basis of the compromise.
Headnotes prepared by: Nidhi Jain Result of the case:
Appeal allowed.
