HC can quash FIR despite chargesheet during pending sec. 482 CrPC petition: Supreme Court

HC can quash FIR despite chargesheet during pending sec. 482 CrPC petition: Supreme Court

In a recent ruling, the Supreme Court has provided important clarification regarding the authority of High Courts to quash First Information Reports (FIRs), even if a chargesheet has been filed while a petition filed under Section 482 of the Criminal Procedure Code (CrPC) is pending.

The esteemed bench, consisting of Justices Aniruddha Bose, Sanjay Kumar, and SVN Bhatti, emphasized that the High Court retains the power to entertain and act upon petitions filed under Section 482 of the CrPC, seeking the quashing of an FIR, even when the police have already filed a chargesheet during the pendency of such petitions. This ruling was made while addressing a case involving the quashing of charges under Section 498A of the Indian Penal Code (IPC) brought by a woman against her in-laws. The argument that the petition to quash the FIR was no longer valid following the filing of the chargesheet was firmly rejected by the bench.

The bench reiterated that this legal principle is firmly established, drawing upon the precedent set in the case of Joseph Salvaraj A. vs. State of Gujarat and others (2011) 7 SCC 59. This principle was subsequently affirmed in the case of Anand Kumar Mohatta and another vs. State (NCT of Delhi), Department of Home and another [(2019) 11 SCC 706].

Upon careful examination of the case's merits, the Court proceeded to quash the FIR, citing that the allegations appeared to be implausible and lacking in credibility.

Case Title: Abhishek v. State of Madhya Pradesh

Click here to read/download judgment

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