No bar in quashing of FIR under Sec.482 CrPC if allegations not supported with some cogent material

 

The Supreme Court has observed with regard to High Court's power to quash FIR that even if it is not open for the Court to embark upon any enquiry as to the reliability or genuineness of the allegations made, there has to be some factual supporting material.

The Bench comprising of Justice Ajay Rastogi and Justice Abhay S. Oka noted that power of quashing of criminal proceedings should be exercised very sparingly and with circumspection and that too in rarest of the rare cases and it was not justified for the Court in embarking upon an enquiry as to the reliability or genuineness or otherwise of the allegations made in the FIR or the complaint and that the inherent powers do not confer any arbitrary jurisdiction on the Court to act according to its whims and fancies.

The appellant herein has assailed the High Court order declining to interfere in the criminal proceedings initiated against her. In the complaint so filed, it was alleged that appellant-accused who married his brother harassed him mentally and physically and that was the reason for which his brother suddenly died during his service. It was mentioned that upon the death of her husband, the accused suddenly changed her behaviour and started to trying to oust him and other in-laws from the house. She regularly threatened and abused the family members and by committing a forgery, she obtained the job on compassionate grounds and took all the terminal benefits and the genuine dependents were deprived of his terminal benefits. The complainant accused that the marriage was solemnized by her without any divorce from her previous husband.

 On the basis of this complaint, the FIR was registered and charges were framed against appellant-accused under Sections 494, 495, 416, 420, 504 & 506 of the Indian Penal Code. She then approached  Allahabad High Court with a petition under Section 482 CrPC seeking quashing of FIR which was dismissed.

Counsel for the appellant further submitted that complainant-respondent never made any complaint of any nature during the deceased's lifetime against the appellant in reference to the matrimonial relationship and the wild allegation only appeared after the demise.



He further submitted there is no iota of evidence to support what is alleged in the complaint by respondent on the basis of which FIR has been registered and even if what is being stated in the FIR is taken on its face value, prima facie, none of the offences which have been levelled against the appellant in the charge-sheet are made out. In the given circumstances, if the criminal proceedings at this stage are allowed to continue against her, it will be nothing but a clear abuse of the process of law and a mental harassment to the appellant, more so, when she has not only to sustain her employment, but being the only bread winner of her family, she has to take care of her minor son also and further submits that the High Court has not even looked into the prima facie allegations levelled in the FIR on the basis of which charge-sheet came to be filed and just after quoting certain passages from the judgments of this Court, dismissed the petition preferred at her instance under Section 482 Cr.PC.

He relied on principle laid in State of Haryana & Ors Vs. Ch. Bhajan Lal & Ors , 1990 Latest Caselaw 365 SC and submitted that what is being alleged in the complaint on the basis of which FIR has been registered, even if prima facie taken into consideration, no offence is made out of the kind levelled against her. In the given circumstances, the present proceedings initiated against the appellant deserve to be quashed and set aside being an abuse of the process of law.

Counsel for the State that High Court has appreciated the material available on record and found no reason to interfere in its inherent jurisdiction under Section 482 Cr.PC and the impugned judgment needs no further interference of this Court.



Supreme Court Observation

The Court at the outset noted that exposition of law on the subject relating to the exercise of the extra-ordinary power under Article 226 of the Constitution or the inherent power under Section 482 Cr.PC are well settled and to the possible extent, this Court has defined sufficiently channelized guidelines, to give an exhaustive list of myriad kinds of cases wherein such power should be exercised.

 On the basis of this complaint, the FIR was registered and charges were framed against appellant-accused under Sections 494, 495, 416, 420, 504 & 506 of the Indian Penal Code. She then approached  Allahabad High Court with a petition under Section 482 CrPC seeking quashing of FIR which was dismissed.

Counsel for the appellant further submitted that complainant-respondent never made any complaint of any nature during the deceased's lifetime against the appellant in reference to the matrimonial relationship and the wild allegation only appeared after the demise.



He further submitted there is no iota of evidence to support what is alleged in the complaint by respondent on the basis of which FIR has been registered and even if what is being stated in the FIR is taken on its face value, prima facie, none of the offences which have been levelled against the appellant in the charge-sheet are made out. In the given circumstances, if the criminal proceedings at this stage are allowed to continue against her, it will be nothing but a clear abuse of the process of law and a mental harassment to the appellant, more so, when she has not only to sustain her employment, but being the only bread winner of her family, she has to take care of her minor son also and further submits that the High Court has not even looked into the prima facie allegations levelled in the FIR on the basis of which charge-sheet came to be filed and just after quoting certain passages from the judgments of this Court, dismissed the petition preferred at her instance under Section 482 Cr.PC.

He relied on principle laid in State of Haryana & Ors Vs. Ch. Bhajan Lal & Ors , 1990 Latest Caselaw 365 SC and submitted that what is being alleged in the complaint on the basis of which FIR has been registered, even if prima facie taken into consideration, no offence is made out of the kind levelled against her. In the given circumstances, the present proceedings initiated against the appellant deserve to be quashed and set aside being an abuse of the process of law.

Counsel for the State that High Court has appreciated the material available on record and found no reason to interfere in its inherent jurisdiction under Section 482 Cr.PC and the impugned judgment needs no further interference of this Court.

 Supreme Court Observation

 

The Court at the outset noted that exposition of law on the subject relating to the exercise of the extra-ordinary power under Article 226 of the Constitution or the inherent power under Section 482 Cr.PC are well settled and to the possible extent, this Court has defined sufficiently channelized guidelines, to give an exhaustive list of myriad kinds of cases wherein such power should be exercised.

The Court made referrence to Bhajan Lal and remarked that the same has been followed in M/s. Neeharika Infrastructure Pvt. Ltd. Vs. State of Maharashtra, 2021 Latest Caselaw 201 SC



Noting that it is true that it was not open for the Court to embark upon any enquiry as to the reliability or genuineness of the allegations made in the FIR, but at least there has to be some factual supporting material for what has been alleged in the FIR, the Court stated that the same has been completely missing in the present case as documentary evidence on record clearly supports that her Nikah Nama was duly registered and issued by competent authority and even the charge sheet filed against her does not prima facie discloses how the marriage certificate was forged

The appeal was accordingly allowed.

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