The tool of registering a First Information Report (FIR) can often be misused for unnecessarily harassing an innocent individual. Recognizing this difficulty, the High Courts across the country have used the provisions of Section 482 of the Code of Criminal Procedure, 1973 (CrPC) for the purpose of quashing false and frivolous FIRs, complaints, and all related proceedings.
Section 482 of CrPC provides that the provisions of the CrPC would not limit or affect the inherent powers of the High Court to pass such orders as it deems mandatory to prevent the abuse of the process of any court or to secure the ends of justice. This would ensure that criminal proceedings are not permitted to generate weapons of harassment.
Procedure for Quashing of a FIR
For the quashing of FIR, a petition under Section 482 of CrPC has to be filed before the High Court within whose jurisdiction the FIR was registered.
The said petition is presented by the person named as an Accused in the FIR and the Respondents therein are the State and the original Complainant. During the hearing of the petition, the High Court will undergo the hearing of all the above stated parties.
In case, after going through all the material on record, including the FIR, statement of witnesses, documents, etc., the High Court is of the opinion that the lodging of the FIR was frivolous, malicious or without any basis whatsoever, then the High Court may direct the quashing of the FIR.
When Can a FIR Be Quashed?
The exact answer to the above question cannot be given since the same would depend on the facts and circumstances of each case.
However, the Courts in India, more particularly the Supreme Court of India have laid down certain broad guidelines to make sure that various High Courts in the country adhere to these principles while exercising their powers under Section 482 of CrPC to quash an FIR/ criminal complaints /criminal proceeding.
The Supreme Court of India has held that the powers under Section 482 of CrPC for quashing of a FIR ought to be exercised sparingly and with circumspection.
The High Courts are not to embark on an inquiry to see whether the allegations in the complaint are likely to be established by evidence or not.
It has been further held that at the stage of exercising powers under Section 482 of CrPC, the High Court ought not to conduct a mini trial.
The High Court at that stage has very limited jurisdiction and it is only required to see whether any sufficient material is available against the Accused to proceed further with the trial.
The Supreme Court in the landmark case of State of Haryana vs Bhajan Lal [AIR 1992 SC 604] gave an illustration where the High Court may be justified to exercise its powers under Section 482 of CrPC and quash the FIR to either prevent abuse of the process of any Court or to secure the ends of justice-
- When the allegations made in the FIR, even if accepted in their entirety, do not prima facie constitute any offence,
- When the allegations in the FIR and other materials do not disclose a cognizable offence.
- When the uncontroverted allegations in the FIR and the evidence collected do not disclose the commission of any offence.
- When the allegations in the FIR do not comprise of a cognizable offence but only a non-cognizable offence, an investigation is not permitted by the police without an order from the Magistrate.
- When the allegations in the FIR are so absurd and inherently improbable, based on which no prudent person can ever reach a conclusion that there is sufficient ground to proceed to against the Accused.
- Where there is an express bar under any provision of law which prohibits the institution of criminal proceedings.
- Where the criminal proceeding reeks of mala fides or is maliciously instituted with an ulterior motive of vengeance, etc.
Limits on the Exercise of the High Court’s Powers to Quash a FIR
As already mentioned above, the High Courts ought to exercise their powers under Section 482 of CrPC to quash an FIR, sparingly. Certain limits are placed on the High Court’s power, which are as mentioned below-
- The power of quashing should be exercised sparingly and with circumspection.
- Courts would not conduct any investigation into the cognizable offences.
- The said power is to be exercised in ‘rarest of rare cases’ (though this is not to be confused with the ‘rarest of rare cases’ norm as formulated in cases of death penalty)
- The court cannot embark on an inquiry as to the reliability or genuineness of the allegations made in the FIR/Complaint.
- Quashing of complaint/FIR ought to be an exception and not a rule.
- The power of quashing casts upon the Court an onerous and more diligent duty to be cautious.
- The High Court must evaluate whether the ends of justice would justify the quashing of a criminal proceeding or complaint.
CONCLUSION
As can be seen from the discussion above, the High Courts have been vested with the power to quash a FIR/criminal complaint/criminal proceedings by virtue of Section 482 of CrPC. In case a false, frivolous or a malicious FIR is registered against an individual, such person has the right to approach the jurisdictional High Court where the FIR was registered and seek quashing thereof. Though such power of quashing is to be exercised sparingly by the High Court, in an appropriate factual scenario, the High Court may consider quashing the FIR in case the abovementioned tests are satisfied.
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