Forgiveness sought for offence under Ss. 195 and 211 IPC no ground for quashing the complaint

Punjab and Haryana High Court: The Court recently dealt with a petition under Section 482 CrPC praying for quashing of complaint against petitioner under Sections 195 and 211 IPC that is, for fabricating false evidence and false charge of offence with an intent to injure, respectively.

In a case titled State v. Sanjay, relating to FIR No. 432 dated 14.06.2010 under Sections 376(2)(g), 366, 120-B and 506 IPC, a show-cause notice was issued by the court to the petitioner for prosecuting her for the commission of the offence under the abovementioned provisions in January, 2015 ordering the complaint to be filed against her in the Court of CJM, Rohtak. However, this order was set aside on appeal with an observation as well as an instruction that the petitioner be allowed to file the reply to show-cause notice.

Petitioner filed reply praying that she may be forgiven by having pity on her, so that her future career is not spoiled and notice in hand may kindly be withdrawn. Not convinced with this reply, the Court passed the order in September, 2015 for filing the complaint. So, a complaint was filed by the court praying for the quashing of which the present petition has been filed.

Considering the chain of facts and highlighting the reply filed by the petitioner to the notice under S. 340, the Court clarified that there was nothing illegal in it and did  not amount to miscarriage of justice at all, for the opportunity of being heard was given to the petitioner as she was allowed to file reply to the show-cause notice. It is the non-acceptance of the forgiveness sought that has led to the filing of complaint in the Court. Inderjit Singh, J accordingly held that there is no merit in the case and accordingly, dismissed the petition. [Meenakshi v. State of Haryana, 2017 SCC OnLine P&H 1643,  decided on 04.05.2017]

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