Refusing to quash a case of forgery and cheating against a senior constable in Patiala though the parties arrived at a mutual compromise, the Punjab and Haryana High Court observed that since the accused is a public servant who allegedly forged a job appointment letter, there was no reason to cancel the FIR at this stage.
Justice Shalini Singh Nagpal was dealing with a plea of a senior constable seeking to quash the FIR in a job scam case in which he allegedly promised a government job to a man for Rs 3 lakh.
“Considering the manner in which the offence is alleged to have been committed by the petitioner, who is a public servant, and the allegations of forgery of the appointment letter, there is no warrant to exercise inherent powers of the court to quash the FIR,” the court said on August 11.
The order noted that the allegations are grave and serious, and the modus operandi cannot be categorised as an individual wrong. “If the allegations are indeed found true on conclusion of trial, it would lead to serious consequences,” it added.
The complainant, who is a computer teacher at a private school, alleged that the senior constable offered to secure him a government job. According to the complainant, he came into contact with the constable through his maternal uncle, a carpenter who had worked in the senior constable’s house. The complainant alleged that while the senior constable visited his uncle’s shop, he promised to arrange a government job and demanded Rs 3 lakh for the same, out of which Rs 1.5 lakh was to be paid in advance.
The complainant said he paid the amount in two instalments, with the second one being paid in December 2022. Later, the constable called him to the bus stand in Sector 43, Chandigarh, where a man, said to be an ex-sarpanch, handed him an appointment letter.
He then claimed to have discovered that the letter was not for the Narcotic Cell as promised, but for the National Sample Survey Office (FOD), Delhi, with misspelled names. When he later went to join for the posting, the constable also accompanied him, but the designated address turned out to be a parking lot, he said.
When he confronted the constable about the matter and demanded his money back, the latter refused to repay him. The complainant alleged that earlier too, he had cheated many persons in a similar manner. In May this year, however, the parties entered into a compromise, following which the accused filed a plea to quash the FIR against him.
The court highlighted the severe nature of the allegations, noting that a serving police official was accused of abusing his authority to run a job scam and defraud an unemployed youth.
“Undoubtedly, criminal cases that have overwhelmingly and predominantly a civil character, particularly those arising out of commercial transactions or matrimonial relationships or family disputes, should be quashed when the parties have amicably resolved their differences,” the court said.
The ruling emphasised that crimes involving forged government documents and fraudulent job offers deeply impact society and public confidence, making them non-compoundable in nature.
Jagriti Rai works with The Indian Express (Digital), where she writes from the vital intersection of law, gender, and society. Working on a dedicated legal desk, she focuses on translating complex legal frameworks into relatable narratives, exploring how the judiciary and legislative shifts empower and shape the consciousness of citizens in their daily lives. Expertise Socio-Legal Specialization: Jagriti brings a critical, human-centric perspective to modern social debates. Her work focuses on how legal developments impact gender rights, marginalized communities, and individual liberties. Diverse Editorial Background: With over 4 years of experience in digital and mainstream media, she has developed a versatile reporting style. Her previous tenures at high-traffic platforms like The Lallantop and Dainik Bhaskar provided her with deep insights into the information needs of a diverse Indian audience. Academic Foundations: Post-Graduate in Journalism from the Indian Institute of Mass Communication (IIMC), India’s premier media training institute. Master of Arts in Ancient History from Banaras Hindu University (BHU), providing her with the historical and cultural context necessary to analyze long-standing social structures and legal evolutions. ... Read More
