Quashing of FIR 498A 406 IPC High Court Chandigarh

Last Updated on April 14, 2020 by Legalseva.net

FIR, First Information Report is a document which is written and prepared by police, immediately after receive information about a cognizable offence. It is very important because this is the first step in process of criminal justice. After the FIR is filed then only the police can start the investigation and filed by the victim or someone else on his/her behalf, a signed copy is given by police to the person who filed the FIR; it is the right of the person, to ask for the copy of FIR free of cost. Once a FIR is registered, the matter in the FIR can’t be changed except by a order from the High Court or Supreme Court of India.

Quashing Of FIR

Quashing of FIR/Quashing of Criminal proceeding, it is deal under Section 482 of the Code of Criminal Procedure, 1973, says that:-

“Saying of inherent powers 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 curds of justice”.

Quashing of FIR/Quashing of Criminal Proceeding, it generally mean ceasing the legal machinery which had been set in motion. Quash generally means to nullify or void. In legal dictionary defines quash as to overthrow; to annul; to make void or declare invalid. Quashing mainly done after a FIR is filled or before the chargesheet filling stage. Also a chance to revoke the proceedings even after the chargesheet has been filed.

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Narinder Singh V. State of Punjab, (2014)6SCC 466 – In this, the Supreme Court observed that the High Court can quash criminal proceedings even in case of non-compoundable offence. Exercising its inherent power under Section- 482 of CrPC, Supreme Court guidelines are-

Prevent abuse of the process of court.
Secure the ends of justice.

Also Read- Grounds for Quashing of Fir

Mainly issues arise in exercising the inherent power by High Court under Section 482 of the Code of Criminal Procedure has been addressed by the Supreme Court of India. In case State of Madhya Pradesh V. Lakshmi Narayan and Others, 2019, Supreme Court with three Judge bench for solving the issues, laid down guidelines for the exercise of inherent power of High Court under Section 482 of CrPC for quashing of Criminal Proceedings in case of non- compoundable offences.

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The guidelines by the Supreme Court are:-

Mainly Civil Nature of Offences:- Under Section 482 of CrPC the power inherent to the High Court to quashing the Criminal Proceeding for non-compoundable offences under Section 320 of CrPC can be exercised when the offences involving in it, is mainly Civil and Commercial matters only.
Villainous and Serious Offences:- In this, High Court must refrain from quashing Criminal Proceedings because this type of offences are against the public interest.
Whether, all the villainous and serious offences are must refrain by High Court from quashing Criminal Proceedings? – In this Supreme Court said that offence under Section 307 of IPC, this offence is villainous and serious offence and against the public interest. So, because of this reason the High Court may not rest its decision and may examine that whether the incorporation of Section 307 of IPC is for name sake or there actually have enough evidence to prove it. This is done, only after the evidence is collected and the charge-sheet is filed and not permissible when the matter under investigation.
Special Statutes:- Under special statutes, the High Court refrain from quashing the Criminal Proceedings based on compromise between the victim and the offender.
High Court while exercising its power under Section 482 of CrPC and the offences and there is a settlement between the victim and accused then for High Court, it is required to consider the family and social background and conduct of the accused.

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In certain cases, Court quash the proceedings and stop the frivolous proceedings, if they find that it is not necessary for the court to pursue the case further. And this is the powers which are imbibed in Section 482 of The Code of Criminal Procedure, 1973. FIR quashing can be done by filing a petition under Section 482 of CrPC.

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There are stages of FIR quashing and that are:-

Firstly, Registration of the FIR or during the investigation, also be done by completing investigation and charge sheet is filed by the prosecution. And then the work of accused will start through using its right for seeking the FIR quashing on legal ground and to show that the content in the FIR are contradictory. This is a very important work for the accused as it leads to the FIR quashing.

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Secondly, After the charge sheet is filed before the court. Then the accused has a right to approach the High Court for quashing the FIR, when it feels like the content in the same are impossible by accused and it is also done on the basis of compromise between the accused and complainant. The accused person must have to show that a case in their favor on the basis of charge sheet and if the charge sheet are contradictory in nature of any law, filed by police then also FIR quashed.

Quashing of FIR depend upon the facts and circumstances of each case.FIR can be quashed by High Court and Supreme Court only. The court while exercising it powers under Section 482 of CrPC has the greater responsibility of considering the facts and then proceed for FIR quashing keeping in the mind the interest of justice.

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Quashing of FIR in Section 482A/406 0f IPC.

Everything has two sides, one for the benefit or use and another for harm or misuse. Same way, the Section 498A of IPC, Against husband or relatives of husband of a woman subjecting her to cruelty, this introduced in IPC for the benefit of the woman, who are mentally and physically tortured by her husband and relatives of husband, but now a days, the women become more powerful by law and their status are also improve or even better than previous. By using the power she misused the law for many silly reasons like for taking revenge from her husband and in-laws, for money, etc. In the past scenario, the women were more dedicated and faithful towards her husband and in-laws. At that time, women were more calmed in every situation instead of overreacting on it and solve that situation and problems by their calm nature. Now a days, it is just opposite, women takes every situation in against her right and that’s way there are many matrimonial cases in the family courts. By saying this it is not mean I am against the women but actually that is the truth of the society.

There are also many reasons for including the provision for quashing of FIR in matrimonial cases under Section 482 of CrPC.

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Section 498A of IPC says that:-

“Husband or relative of husband of a woman subjecting her to cruelty — Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.

Explanation. — For the purposes of this section, “cruelty” means—

(a) any willful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or

(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand”.

There are many cases deal with the same issue in section 498A with Section 406 of IPC.

Also Read- Section 482 Crpc; Quashing of Fir

Section 406 of IPC says that:-

“ Punishment for criminal breach of trust.—Whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both”.

Preeti Gupta V. State of Jharkhand, 2010 (7) SCC 667:- In this case, married sister and unmarried brother of husband filed for quashing of criminal proceeding, because the case filed by wife and her father against relative of husband for cruelty(Section 498Aof IPC) and under 406 of IPC, Punishment for Criminal breach of trust. Husband was NRI and they both settled in abroad then also wife filed a case in India.

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Their implication in the complaint for harasses and humiliates the relatives. This seems to the only basis to file the complaint against the relatives. So, permitting the complainant to persue this complaint would be an abuse of the process of law.

By the facts and circumstances of the case, are considered that it would be unfair to compel the relatives to undergo in a long criminal trial. For the interest of justice, deem to quash the complaint against the relatives. As a result, the High Court quash the FIR registered against the relatives of husband, which is based on false and frivolous allegations.

Also Read- Quashing of Fir in High Court Chandigarh

Surindervir Singh & Ans V. State of Punjab & Ans, 2018:- In this case, wife filed a case against husband and relative of husband under Section 498A and Section 406, Punishment for Criminal breach of trust, of IPC. For this relative of husband filed a petition for quashing of FIR and wife filed for cruelty and demand for dowry, immediately after the marriage, relatives of husband demand for dowry and when wife was unable to complete the demand then they tortured her physically and mentally. After that she went U.K. on her husband visa and where, she delivered a female child, then also they tortured her because of female child and finally in U.K. she filed a case for harassment and she divorced. Her husband informed the home office that he was living separately from his wife, due to which her visa got cancelled and now she had a only option to came back to India and then she filed a FIR, in India.

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A similar case’s judgment given by the Hon’ble Supreme Court in Harmanpreet Singh Ahluwalla case that are applicable in this case and the judgment was, the proceeding was quashed holding that the court at Jalandhar would have no jurisdiction to entertain the matter. Similarly, in the instant case, all allegations of cruelty at the hands of husband and the in-laws have takes place abroad.

It is a matter of common knowledge that unfortunately matrimonial litigation is rapidly increasing in our country. All the courts in our country are flooded with matrimonial cases. This clearly demonstrates discontent and unrest in the family life of a large number of people of the society.

For case specific advice one may contact 498A 406 IPC FIR Quashing Lawyers Punjab Haryana High Court Chandigarh practicing in Panchkula Mohali.

This post is written by Srishti Jaiswal.