The term ‘quash’ means to nullify, void, or declare invalid. ‘Quashing of proceedings’ means putting an end to a legal proceeding, the procedure is used when there is an irregularity or defect in the procedures. The term First Information Report (FIR) means the first information of a cognizable offense that is being recorded by an officer in charge of a police station, Section 154 of the Criminal Procedure Code (CrPC) deals with the FIR.
False implication in 498A cases
The false implication in 498A of IPC cases is on the high rise, the wives implicate their husbands and families to disturb their peaceful life by filing a false FIR. The parties being falsely implicated in a case can move to the High Court for quashing of the FIR under Section 482 of CrPC. The aggrieved party can also approach the High Court under Article 226 of the Constitution by filing a writ petition for quashing the FIR. The quashing of FIR depends upon the facts and circumstances of each case.
In the case of Geeta Mehrotra & Anr. v. State of UP – The court observed that mere casual reference of the names of the family members in a matrimonial dispute without an allegation of active involvement in the matter would not justify taking cognizance against them overlooking the fact borne out of experience that there is a tendency to involve the entire family members of the household in the domestic quarrel taking place in a matrimonial dispute especially if it happens soon after the wedding.
Quashing Of FIR Registered u/s 498A of IPC
Section 482 CrPC
One can approach the High Court having jurisdiction under Section 482 of the CrPC. You may claim that the allegations were vague/ general and bogus as no specific details were given. Relatives have been implicated falsely and they do not even reside under one roof with you, etc. Produce the relevant evidence supporting your claims.
Recently, in the case of Ajay Kumar v. State Of Punjab And Another- It was held by the Court that while exercising powers u/s 482 CrPC, the Courts must have due regard to the nature and gravity of the crime and its social impact. It added that “It is quite apparent from the aforesaid exposition of law that High Court has inherent power to quash criminal proceedings even in those cases which are not compoundable, but such power is to be exercised sparingly and with great caution…The court is to examine as to whether the possibility of conviction is remote and bleak and continuation of criminal cases would put the accused to great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal cases“.
The court noticed in the case of Bibi Parwana Khatoon v. State of Bihar, that the appellants did not even reside at the place of a mishap. Hence, the Court acquitted them and held that the Court must guard against the false implication of the relatives.
In State of Haryana v. Bhajan Lal – It was clarified that the Courts are also empowered to quash in the case where the allegations in the FIR even if taken at their face value do not satisfy the ingredients of offense complained therein. Reliance in this regard is placed on the decision of
The High Court can quash the FIR if convinced that the person is innocent and falsely implicated. It also can be done if the proceedings of a case are not conducted fairly and also in some cases where the provision of the Sec. 498A of IPC is not attracted in the report.
In the case of R.P. Kapur v. State of Punjab- The Supreme Court summarized some categories of cases where inherent power can be exercised by the High Court to quash the proceedings, which are discussed as under:
- There is a legal bar against the institution or continuance e.g. want of sanction;
- Allegations in the FIR or complaint taken at its face value and accepted in their entirety do not constitute the offense alleged;
- Allegations constituting an offense, however, there is no evidence adduced or manifestly fails to prove the charge;
- An FIR containing vague offence specifying no instances of criminal conduct.
Relevant Judgments
- In-State of Andhra Pradesh v. Gourishetty Mahesh- It was clarified that while exercising jurisdiction u/s 482 of the CrPC, the High court would not ordinarily board upon an inquiry whether the evidence in question is reliable or not or whether on a reasonable apprehension of its accusation would not be sustained. It is the duty of the Trial Court and not the High Court.
- In Monica Kumar v. State of Uttar Pradesh- It was stated that the inherent jurisdiction of the High Court u/s 482 has to be exercised sparingly, carefully, and with caution and only when such exercise is justified by the tests specifically laid down in the Section itself.
- In another case Popular Muthiah v. State, Represented by the Inspector of Police- It was stated that the High Court can exercise jurisdiction suo motu in the interest of justice. It was further clarified that the inherent jurisdiction of the Court can be exercised regarding substantive as well as procedural matters.
- In B.S. Joshi v. State of Haryana- It was stated that in matrimonial offenses the Court must encourage genuine settlements of matrimonial disputes.
Article 226 of the Constitution Of India
Under Article 226 of the Constitution of India, the High Court shall issue Writs, it has the power to issue directions, or orders, or writs, including writs like Habeas corpus, Mandamus, Quo Warranto, Certiorari, and Prohibition, whichever may be appropriate for the enforcement of rights.
Quashing of FIR u/s 482 of the CrPC be made only on grounds of perversity, illegality, irrationality, and procedural irregularity. An FIR is set aside by the Court under Article 226 on the ground of illegality and an apparent error of law in fir. A petition for writ cannot be rejected just because the proper writ or direction has not been sought.
Period Of Limitation
An application u/s 482 of CrPC may be moved at any time however, it should be moved before the charge sheet is filed. However, if it is necessary then it may even be filed after the charge sheet is filed wherein the Court shall use its discretionary powers u/s 482 CrPC. Once quash petition is filed and the police submit the report to the court. The FIR shall be quashed by the Court after analyzing the genuineness.
Conclusion
The object of adding Section 498A to the Penal Code is to prevent the menace of cruelty and dowry harassment but there have been many instances that have come to light where the complaints are not bonafide and have been filed with oblique motive. In such cases, the innocent man and his family have to undergo trial for no reason. Just because the provision is constitutional and intra vires do not mean that it can be used by unscrupulous persons to wreck their vendetta. Hence it is important to find out ways how to deal with bogus charges.
[i] T.T. Antony v. State of Kerala, AIR 2001 SC 2637
[ii] (Criminal Appeal No.1674 of 2012 (Arising out of SLP(Crl) No. 10547/2010)
[iii] 2022 LiveLaw (HP) 2
[iv] (2017) 6 SCC 792
[v] (1992 AIR 604)
[vi] (AIR 1960 SC 866)
[vii] 2010 Cr L J 3844
[viii] (2008) 8 SCC 781
[ix] (2006) 7 SCC 296
[x] AIR 2003 SC 1386
[xi] https://www.legalserviceindia.com/legal/article-2262-quashing-of-fir-section-498-a-of-ipc.html#:~:text=An%20application%20can%20file%20under,is%20innocent%20and%20falsely%20implicated.
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