Recently, the Karnataka HC stated that FIR could be quashed when offences arise from commercial transactions and the parties have resolved their dispute.
The bench of Justice K. Nataranjan was dealing with the petition to quash the FIR registered for the offence punishable under section 324, 341, 354,506,509 of IPC and 67 of IT Act.
In this case, the petitioner is a practicing advocate in Karnataka and Respondent no. 2 is a final year law student. The petitioner and Respondent no. 2 has some misunderstanding which resulted in an unavoidable conflict.
The first respondent filed FIR against the petitioner under section 324, 341, 354,506,509 of IPC and 67 of IT Act.
The issue for consideration before the bench was:
Whether the petition filed by the petitioner to quash the FIR could be accepted?
High Court relied upon the case of Gian Singh v. State of Punjab and Another where it was held that High Court must refrain from quashing criminal proceedings, if the offence involved is a heinous and serious offence or when public interest is involved. However, if the offence is merely a civil matter, offences arising from commercial transactions, where the wrong is personal in nature and parties have resolved their dispute, the proceedings may be quashed.
Case Title: Mr. Vasanth Adithya vs. The State of Karnataka.