CIVIL

When an FIR could be quashed by using Sec 482 of Cr.P.C

In the case of Chand Dhawan v. Jawahar Lal (1992) 3 SCC 317, it was observed by the Apex Court that when the material relied upon by a party are required to be proved, no inference can be drawn on the basis of materials to conclude the FIR/complaint version to be unacceptable. The scope of exercise of the power under Section 482 of the Code and categories of the cases where High Court may exercise its power under it relating to cognizable offences to prevent the abuse of the process of court or otherwise to secure the ends of justice were set in detail by the Apex Court in the case of [State of Haryana v. Ch. Bhajan Lal (1992) 1 Suppl. SCC 335] they have been enumerated as under :-

(1) Where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused.

(2) Where the allegations in the first information report and other materials, if any, accompanying the FIR do not disclose a cognizable offence, justifying an investigation by police officers under Section 156(1) of the Code except under an order of a Magistrate within the purview of Section 155(2) of the Code.

(3) Where the uncontroverted allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused.

(4) Where, the allegations in the FIR do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated under Section 155(2) of the Code.

(5) Where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused.

(6) Where there is an express legal bar engrafted in any of the provisions of the Code or the concerned Act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the Code or the concerned Act, providing efficacious redress for the grievance of the aggrieved party.

(7) Where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge.

The scope of exercise of power under Section 482, Cr.P.C. and the categories of cases where the High Court may exercise its power under it relating to cognizable offences to prevent abuse of process of any court or otherwise to secure the ends of justice were set out in some detail by this Court which has been dealt with by the High Court in State of Haryana v. Bhajan Lal (1992) 1 Suppl. SCC 335. In the said case, a note of caution to the effect was, however, added that the power should be exercised very sparingly and with circumspection and that too in the rarest of rare cases. The illustrative categories indicated by this Court are earlier extracted in the order of the High Court.

We may reiterate and emphasise that the powers possessed by the High Court under Section 482, Cr.P.C. are very wide and the very plenitude of the power requires great caution in its exercise. Court must be careful to see that its decision in exercise of this power is based on sound principles. The inherent power should not be exercised to stifle a legitimate prosecution. The High Court being the highest court of a State should normally refrain from giving a prima facie decision in a case where the entire facts are incomplete and hazy, moreso when the evidence has not been collected and produced before the Court and the issues involved, whether factual or legal, are of magnitude and cannot be seen in their true perspective without sufficient material. Of course, no hard and fast rule can be laid down in regard to cases in which the High Court will exercise its jurisdiction of quashing the proceeding at any stage. [See Janata Dal v. H.S. Chowdhury (1992) 4 SCC 305; Raghubir Saran Dr. v. State of Bihar (1964) 2 SCR 336; Kurukshetra University v. State of Haryana (1977) 4 SCC 451; and Zhandu Pharmaceuticals Works Limited and others v. Mohd. Sharaful Haque and another (2005) 1 SCC 122).


Refer: Dr. Monica Kumar and ANR Vs State of U.P and ORS-27/05/2008

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