Quashing of FIR

@Rajeev

The Supreme Court of India, in many of its verdicts has warned the High Courts to act with diligence, caution and circumspection. Still the abuse of the power vested in the courts is rising and being misused. Even High Court of Delhi, Calcutta, Bombay etc., have time and again laid principles under which a FIR could be quashed.

Your's is a case of utter abuse of the provision 482Crpc. Where the I/O has filed report and your wife has been named as an accused and also the trial court has framed charges, it is utter abuse of powers by the court. It is on the face of it a mala fide order of quashing.

For your reference the Section 482 Crpc is given below:

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Sec 482 CrPC:

“Saving of inherent power of High Court- Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice.”

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It is neither feasible nor practicable to lay down exhaustively as to on what ground the jurisdiction of the High Court under Section 482 of the Code of Criminal Procedure should be exercised. But some attempts have been made in that behalf in some of the decisions of this Court as for example State of Haryana Vs. Bhajan Lal (1992 Supp (1) SCC 335), Janata Dal Vs. H.S. Chowdhary and Others (1992 (4) SCC 305), Rupan Deol Bajaj (Mrs.) and Another Vs. Kanwar Pal Singh Gill and Another (1995 (6) SCC 194), Indian Oil Corp. Vs. NEPC India Ltd. and Others (2006 (6) SCC 736).

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) 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 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.

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None of the above provisions as stated in above seven points could explain the Quashing order by the High Court and that to only to an extent of excluding the name of your wife and still holding her brother to be tried. I think it would be  advisable that you see the role assigned to your wife in the FIR. If the role assigned by the police in the charge-sheet is only of an abettor then there are chances that on compassionate grounds the High Court has used its discretion. Still you have a very good case to assail the order of the High Court.

Your's is a  case where you can file an appeal against the order of the single judge bench to a higher bench of the same high court on the ground that there has been a miscarriage of justice

OR

If your advocate suggests, you should immediaely move Supreme Court and file and SLP. In my considered view, you can easily get this order set aside and put your wife back on trial.

All the best!

//peace

/Saurabh.V

Hi Saurabh,

Thanks for your reply.

In the FIR my wife is mentioned as the prime accused.

I think she or any of her well wisher politician / beaureucrat migt have prayed to Judge that she is married and if she (judge) quash the petition then we will be under pressure to bring her back. This is totally on compassionate grounds.

I will appeal in supreme court now as I cant trust high court any more.

Regards,

-Rajeev

Hi,

Suppose high court has quashed the FIR on compassinate grounds, do u think that supreme court will consider such grounds?

Wont the supreme court consider a criminal being a criminal only rarther than considering any compassionate grounds for such criminals?

Its a strange law...... even if in-laws doesnt do anything and girls files 498A, entire family gets arrested and put behind the bars... and if the girl along with her brother and gunda beats her in-laws that too with rod / knife, she gets the compassionate grounds.....

Regards,

-Rajeev

@Rajeev

Compassion is an integral part when it comes to women. Howsoever it is unjust, in this era of women liberalization you can expect as happened in your case.

Supreme Court on the other hand is instituted with an intent to bring Justice to its logical and fair conclusion to keep the faith of the citizen alive in judiciary. May your case involves unscrupluous women, I'm confident your petition in the Apex Court would succeed.

Criminal in the garb of being a women cannot go scott free. When she was staying with her brother in the hotel just before the incidence of attack by iron rods and knife occured, this in itself shows she is one of the conspirators in the crime and could not be allowed to roam free in the society as a threat to you and your family.

All the best!

//peace

/Saurabh.V

Thanks a lot Saurabh!!!!

Today I came to know the reason for such order being passed by High Court Judge.....

That Judge EARLIER used to practice as a lawyer and then she was appointed as a judge. Her previous lawyer colleagues are still are lawyers. So when any case comes to this judge court then the person approaches her previous colleague lawyers, who in turn does the setting with the Judge and gets the order whatever they wnats...This is what has happened in my case.....

Is there ant way I can bring this to the notice of Supreme court to take appropriate action?

If this is the condition of High court then where should a common can go for justice?

LONG LIVE JUDICIARY!!!!!!!

@Rajeev

You have found a susbtantial fact. Law Commission of India in its latest report (I do no remember the replrt number) has given its recommendations that such judges be not appointed judges in the high court of the same state. Such are called "Uncle Judges" or say in your case "Aunty Judge".

This would very well be regarded in your peition with due reference to the Law Commission's Report. Ask your lawyer to have a look at the latest report and try to see the "Uncle Judge" heading and the recommendations. This would help you turn the case upside down and the Supreme Court may even grant action against this erring High Court Judge.

//peace

/Saurabh.V

Mr. Saurabh's  view is absolutely correct and sufficient . 

Certainly you should go to Suprem Court with full facts. The Supreme Court has recently given verdict on the Allahabad High Court. It would help you.

You are just accusing this or that such tactics do not help. Go to SC if you have conviction.

Hi Shashi,

I think u have not read the whole desciption of the case.

I am not convicted.... Its regarding quashing FIR.

All I am saying is how can high court do like this?

Regards,

-Rajeev

Yes HC can do it , if not satisfied to go SC instead of agitating here.

And please read carefully my reply I have not told that you are convicted.

I have suggested that if you have conviction that is belief in your story than go to SC.