Quashing of fir 498a case
Querist :
Anonymous
(Querist) 26 November 2011
This query is : Resolved
Dear sir,
Can you go for quashing of Fir498a case before filing charge sheet.
Thanks & Regards
Pradeep
Raj Kumar Makkad
(Expert) 26 November 2011
The Supreme Court has recently ruled that the High Courts can quash an FIR against a person if it did not prima facie disclose any offence. A two judge bench said that ordinarily criminal proceedings instituted against an accused must be tried and taken to logical conclusions under the Criminal Procedure Code (Cr.P.C.) and the High Courts should be reluctant to interfere into the proceedings at an interlocutory stage.
"However, if upon the admitted facts and the documents relied upon by the complainant or the prosecution and without weighing or sifting evidence, no case is made out, the criminal proceedings instituted against the accused are required to be dropped or quashed", the bench said. Where the allegations in the FIR or the complaint or the accompanying documents taken at their face value, do not constitute the offence alleged, the person proceeded against in such a frivolous criminal litigation has to be saved, ruled the bench.
In the landmark case State of Haryana v. Bhajan Lal ( 1992 Supp.(1) SCC 335) :
A two-judge bench of the Supreme Court of India considered in detail the provisions of section 482 and the power of the high court to quash criminal proceedings or FIR. The Supreme Court summarized the legal position by laying the following guidelines to be followed by high courts in exercise of their inherent powers to quash a criminal complaint:
1. The criminal complaint can be quashed when allegations made in the complaint, even if they are taken at their face value and accepted in their entirety, prima facie constitute any offence or make out a case against the accused person.
2. The criminal complaint can be quashed when allegations made in the complaint are so absurd and inherently improbable that on the basis of which no prudent person can ever reach a conclusion that there are sufficient grounds for continuing the proceedings against the accused person.
3. The criminal complaint can be quashed when the allegations made in the complaint and evidence collected in support of the complaint does not disclose the commission of any offence against the accused person.
4. The criminal complaint can be quashed when the complaint is manifestly attended with malafide or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused person and with a view to spite him due to private and personal grudge.
5. The criminal complaint can be quashed when there is an express legal bar under any of the provisions of the CrPC or any other legislation (under which a criminal proceeding is instituted) to the institution and continuance of criminal complaint.
Thus, if the high court is convinced that the criminal complaint does not disclose a cognizable offence and the continuation of an investigation is not based on sound foundations and would amount to an abuse of power of the police necessitating interference to secure the ends of justice, the high court will exercise its inherent power to quash the proceedings.
Devajyoti Barman
(Expert) 26 November 2011
Though there is no bar , most of the high courts inducing Calcutta High Court prefers to exercise such power only after the submission of Charge Sheet.
Shonee Kapoor
(Expert) 28 November 2011
It all depends on the procedure of the HC.
Some HC doesnot allow quash petition before filing of Chargesheet.
One more thing, which I add, quashing happens only on legal grounds, first sit with your trusted counsel to see, if grounds are made out for quashing.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
