FIR may be quashed where its allegations disclose no offence and continuation would abuse process.

In brief

The question

1. Whether the FIR and further proceedings should be quashed under Section 482 CrPC as an abuse of process where the complaint, considered with the materials on record, did not disclose the alleged offences.

The court held

The High Court allowed the petition and quashed the FIR in Crime No. 387/2020, together with all further proceedings arising from the second respondent’s complaint, for the offences alleged under the IPC and the SC/ST (Prevention of Atrocities) Act.

01Facts

The second respondent’s complaint led to registration of Crime No. 387/2020 against the petitioners for offences under Sections 143, 147, 447, 427, 504, 506 and 149 of the Indian Penal Code, 1860, and Sections 3(1)(f), 3(1)(r) and 3(1)(s) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

pp. 3–4

The petitioners alleged that the complaint arose from a property dispute and was an abuse of process.

pp. 5–8

They relied on civil-court proceedings concerning the property, including dismissal of the second respondent’s suit, and documents showing a prior sale deed, a general power of attorney and a sale agreement.

pp. 5–8

They also relied on a police report dated 25 November 2020 recording that the complainant denied signing the complaint said to have been made to the ADGP; the FIR was registered on 8 December 2020.

pp. 4, 7–8

The petitioners sought quashing of the FIR and consequential proceedings under Section 482 of the Code of Criminal Procedure, 1973.

p. 3

02Issues

i.1. Whether the FIR and further proceedings should be quashed under Section 482 CrPC as an abuse of process where the complaint, considered with the materials on record, did not disclose the alleged offences.

pp. 8–9

ii.2. Whether the circumstances surrounding the property dispute and the prior police report warranted the High Court’s intervention to prevent a miscarriage of justice.

pp. 7–9

03Law Applied

Section 482 CrPC preserves the High Court’s inherent power to make orders necessary to prevent abuse of the process of any court or otherwise secure the ends of justice; the Court invoked that power in considering whether the complaint disclosed an offence and whether continuing the proceedings would cause a miscarriage of justice.

pp. 3, 8–9

The FIR invoked Sections 143, 147, 447, 427, 504, 506 and 149 IPC and Sections 3(1)(f), 3(1)(r) and 3(1)(s) of the SC/ST (Prevention of Atrocities) Act, 1989.

p. 3

Provisions in the judgment · 9 · Linked ones open on LawLens

Code of Criminal Procedure, 1973 Section 482

Indian Penal Code, 1860 Section 143 Section 147 Section 447 Section 427 Section 504 Section 506 Section 149

Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 Section 3

04Reasoning

The Court considered the complaint alongside the documents concerning the property dispute and the earlier civil proceedings, including the dismissal of the suit and the orders declining interim relief.

pp. 6–8

It also took account of the sale deed, subsequent power of attorney and sale agreement, and the police report recording the complainant’s denial that she had signed the earlier complaint.

pp. 7–8

On that material, the Court concluded that the complaint did not disclose commission of an offence and characterised the criminal proceedings as an abuse of process.

p. 9

It therefore found that allowing the investigation and proceedings to continue would risk a miscarriage of justice.

p. 9