The Supreme Court on Wednesday (August 28) reiterated that the High Court, under Section 482 of the CrPC, has the authority to quash an FIR even after a charge sheet has been filed if it is convinced that continuing the proceedings would amount to an abuse of the legal process.
Honourable Supreme court of India By refering the Abhishek vs. State of Madhya Pradesh.
" Law seems to be well-settled that the High Court under Section 482, Cr. PC. retains the power to quash an FIR, even after charge-sheet under Section 173(2) thereof is filed, provided a satisfaction is reached, inter alia, that either the FIR and the charge-sheet read together, even accepted as true and correct without rebuttal, does not disclose commission of any offence or that continuation of proceedings arising out of such an FIR would in fact be an abuse of the process of law as well as of the Court given the peculiar circumstances of each particular case."
A bench of Justice Dipankar Datta and Justice Ujjal Bhuyan quashed the FIR and charge sheet against the parents-in-law and husband of a complainant in a cruelty case under Section 498A of the IPC, allowing their appeals against the Gujarat High Court's refusal to quash the FIR. The FIR had been registered by the complainant in 2002, and she and her husband later obtained a divorce by mutual consent in 2004.
The Supreme Court noted that the complainant and her husband had ended their marriage in 2004 and were now well settled in their own lives. The Court observed that the complainant showed no interest in disrupting her past relationship, as she did not participate in the current case.
The Court found that the allegations in the FIR were vague and general, and questioned whether the FIR and charge sheet should continue to trial based only on a preliminary case against the appellants.
Referring to past cases like Abhishek v. State of Madhya Pradesh, the Court highlighted that the High Court can quash an FIR under Section 482 of the CrPC even after a charge-sheet is filed.
As a result, the Court decided to end the long-standing dispute by using its powers under Article 142 of the Constitution to quash the FIR, the charge-sheet, and all related proceedings.
Case no. – Criminal Appeal Nos. 1884 and 1885 of 2013
Case Title – Shaileshbhai Ranchhodbhai Patel and Anr. v. State of Gujarat and Ors.