Co-accused’s acquittal no ground to quash FIR: HC on NRI’s plea

CHANDIGARH: The Punjab and Haryana high court has dismissed a plea of a 73-year-old NRI, who was accused in a 2005 criminal case, holding that acquittal of co-accused in a criminal case was no ground to quash the FIR against a person who is yet to face the trial.

The petitioner, Iqbal Singh Sumbal, was an accused in a criminal intimidation case registered on October 1, 2005, in Phillaur area of Jalandhar. In April 2012, he was declared a proclaimed offender after he fled to Canada. Earlier, he had sought quashing of FIR in 2007, but the plea was dismissed. In April 2014, the other co-accused was acquitted by the trial court.

The state’s counsel had submitted that despite submissions in court by his lawyer that he wanted to come back and face the criminal proceedings, Sumbal had chosen not to come back, which shows his intention.

The court took note of the fact that the petitioner is now claiming that he was not able to come back to India now and also of the fact that the plea has been filed even after the acquittal order of other accused persons

THE PETITIONER, WHO WAS AN ACCUSED IN A CRIMINAL INTIMIDATION CASE, WAS DECLARED A PO AFTER HE FLED TO CANADA

was passed in 2014.

“..mere acquittal of the co-accused would not be a ground to quash the instant proceedings and the petitioner would have had to come back to face trial as had been undertaken by him but has chosen not to do so despite this court willing to stay operation of the order (declaring him proclaimed offender) thereby enabling the petitioner to join proceedings,” the court observed refusing to quash the FIR and order whereby he was declared a proclaimed offender.