Matter relates to 498a FIR. The matter has been settled in mediation. Police was informed of the settlement well in time. Accused file Writ Petition in High court to quash FIR. Police appeared before High court and submitted status report. The high court adjourned the matter to next date (Reasons not known). In the mean time, police filed charge sheet in the matter. Is his act of filing chargesheet not illegal/ against the law knowing that the Writ is pending disposal by high court and shall be quashed on the next date ? Pls advice
If the HC did not 'stay' the submitting of police report and the charge sheet, then nothing is illegal on the part of the police in submitting them in the court below. On the contrary it was your duty to have requested in your W.P. for such relief of not submitting the report and the charge sheet till the disposal of the W.P. Police have no right to quash the FIR, instead it could submit the Final report if no evidence was found against the accused during investigation. It is the prerogative of the court to either accept the police report or not.