Case Note & Summary
The dispute arose from an FIR registered against the applicant, an advocate, for offences under Sections 7, 12, and 15 of the Prevention of Corruption Act, 1988, based on a complaint alleging he acted as an abettor in demanding gratification from the complainant for providing better facilities to the complainant's son, who was arrested in a rape case. The applicant filed a criminal application seeking quashing of the FIR and subsequent proceedings, citing two grounds: a settlement reached with the complainant and the inapplicability of the amended provisions of the Prevention of Corruption Act, as the FIR predated the amendment. The legal issues centered on whether the FIR could be quashed under Section 482 of the Code of Criminal Procedure, 1973, due to the settlement, and whether the charges under the Prevention of Corruption Act were attracted given the timing of the FIR and the applicant's status as a non-public servant. The applicant argued that he was not a public servant and thus Sections 7, 12, and 15 did not apply, referencing amendments effective after the FIR date. The State opposed, contending that the applicant's actions constituted abetment under the old provisions and that voice sample evidence supported the charges. The court analyzed the settlement issue first, referencing Supreme Court precedents which hold that offences under special statutes like the Prevention of Corruption Act cannot be quashed merely on compromise. However, on the second ground, the court examined the provisions and found that the applicant, being an advocate and not a public servant, did not fall under the old Section 7, which required the offender to be a public servant. Similarly, abetment under Section 12 was made out as the underlying offence under Section 7 was not applicable However due to applicability of Section 12 of PC Act FIR not quashed
Headnote
Criminal Law-- BNSS, 2023-- Section 528 -- Prevention of Corruption Act, 1988-- Sections 7, 12 and 15 -- Indian Penal Code, 1860 -- Section 107 -- Illegal gratification-- Son of complainant was arrested in connection of offence u/s 376 of IPC -- Demand of bribe by police officer through applicant/lawyer/accused for providing better facilities to his son who was an accused u/s 376 of IPC--Applicant demanded amount of bribe for police officers-- Complaint lodged u/s 7, 12 and 15 of PC Act-- Applicant/Advocate accused filed an application for quashing of complaint on the grounds of settlement/compromise and on the ground that Sections 7, 12 and 15 of PC Act not applicable to him-- Applicant/lawyer defending the accused in an offence u/s 376 of IPC-- Voice sample of applicant obtained-- Matching of voice sample applicant-- Communication between applicant and complainant-- Applicant shown as an abettor in the report-- Question as to complaint under PC Act can be quashed on the ground of settlement?-- Cases referred-- FIR cannot be quashed relating to complaint with regard to corruption on the ground of settlement-- Provisions of PC Act referred-- Expression of "Abatement"-- Act of applicant covers under Explanation 1 of Section 107 of IPC and therefore Section 12 of PC Act sustained-- Applicant does not fall within the scope of "Public Servant"-- Observations-- Offence u/s 7 and 15 of PC Act not made out-- Prima facie case of 'Abatement' made out against the applicant-- Not a fit case to exercise inherent jurisdiction-- Application rejected Para-- 11, 12, 13, 15, 17, 18, 19, 26, 32
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Issue of Consideration: Whether the FIR registered for offences under Sections 7, 12, and 15 of the Prevention of Corruption Act, 1988, and consequent proceedings should be quashed on grounds of settlement between the complainant and the applicant and inapplicability of the amended provisions of the Act.
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Final Decision
The application is allowed. The FIR in connection with Crime No.29/2018 registered for offences under Sections 7, 12, and 15 of the Prevention of Corruption Act, 1988 and consequent proceedings are quashed.
