Offence against public servant on duty not private dispute: HC

The Punjab and Haryana High Court has ruled that a criminal case arising from an offence against a public servant on duty cannot be quashed merely on the basis of compromise between the parties. Justice Sumeet Goel held that the act ceased to be a private dispute and becomes an offence against the state itself, when a public servant was assaulted, obstructed, or intimidated in discharge of official work.

Justice Goel clarified that quashing on the basis of compromise could be allowed only where the dispute was primarily private or individual in nature, not when the offence concerned a public servant performing official duties. The Bench also ruled that a public servant privately settling such an offence without government approval, must face punitive action, as official authority “cannot be treated as mere tokenism and be diluted.”

The ruling came in a case involving allegations of assault on government employees, obstruction of official work, criminal intimidation, and damage to government property. The court observed that any offence against a public servant “is in stark contrast to a private dispute between individuals.” Such a case “becomes a tripartite matter” involving the state.

The court further held that any compromise by a public servant relating to acts done in official capacity would be invalid unless approved by the competent administrative authority. “A public servant, once having got registered an FIR in his capacity as a government official, cannot elect to settle a dispute with an individual on his own without requisite permission,” it said.

On determining whether a case was private or public in nature, the court said it would depend on the factual circumstances of each case. The Bench declined to frame rigid guidelines, stressing that every matter must be decided through a reasoned order based on justice and equity.

It distinguished an earlier Division Bench ruling that allowed quashing of FIRs involving public servants, after observing that it applied only when the dispute was personal and not connected with official duty.

Dismissing the petition against the state seeking quashing of an FIR registered at Beri police station, Jhajjar, Justice Goel directed the Administrative Secretary of the department concerned to examine how the compromise was entered into without approval, and to take action under the rules.

Haryana Tribune