Quash 498a - Vague allegations in FIR

The case of 498a can be quashed when there are vague the allegations in the FIR. A FIR is a first document on which whole investigation and charge sheet is based. A FIR is bible charge sheet evidence and eventually to secure conviction of an accused based on the evidence, therefore a FIR must contain all the material facts related to an offence. It also must contain all the specific ingredient needed for satisfying an offence and material through which investigation may proceed. if a FIR misses material facts then it is a vague FIR which can be quashed by invoking the jurisdiction of 482 CrPC.

Image result for 498a quash

Some believe that if a FIR satisfies the ingredients of an offence it is not the case for being fit for quashing but this preposition is untrue under the light of the judgement In R.P. Kapur v. State of Punjab (AIR 1960 SC 866) the apex Court summarized some categories of cases where inherent power can, and should be exercised to quash the proceedings.

(i) where it manifestly appears that there is a legal bar against the institution or continuance e.g. want of sanction;

(ii) where the allegations in the first information report or complaint taken at its face value and accepted in their entirety do not constitute the offence alleged;

(iii) where the allegations constitute an offence, but there is no legal evidence adduced or the evidence adduced clearly or manifestly fails to prove the charge. so lack of evidence is another ground for quashing proceedings.

A FIR containing quite vague, general and sweeping, specifying no instances of criminal conduct can be quashed even if the FIR constitutes and satisfy the ingredients of an offence. It is held in Vishalbhai Niranjanbhai Adatiya vs. State Of Gujarat & on 9 December 2015. It is a matter of common experience that most of these complaints under section 498A IPC are filed in the heat of the moment over trivial issues without proper deliberations.

We come across a large number of such complaints which are not even bona fide and are filed with oblique motive. At the same time, a rapid increase in the number of genuine cases of dowry harassment are also a matter of serious concern.

The author can also be reached at nitish@lexspeak.in

 

Nitish Banka 
on 11 January 2017
Published in Criminal Law
Views : 294
Other Articles by - Nitish Banka
Report Abuse









×

  LAWyersclubindia Menu

web analytics