Supreme Court states High Court can infer while considering plea to quash FIR.

The Supreme Court Empowers High Courts to Consider Overall Circumstances While Quashing FIRs

The Supreme Court, in a recent observation, stated that a High Court has the authority to consider the overall circumstances leading to the initiation of a case and the materials collected during the investigation while examining a petition seeking the quashing of FIRs or criminal proceedings under Section 482 of the Criminal Procedure Code (CrPC).

The bench of Justices B R Gavai and J B Pardiwala highlighted that in frivolous or vexatious proceedings, the court must carefully examine various attending circumstances beyond the averments mentioned in the case records and even read between the lines, if necessary.

The case in question involved the filing of a First Information Report (FIR) against the accused for alleged offenses under various sections of the Indian Penal Code (IPC), including 420, 467, 468, 471, 342, 386, 504, and 506. The High Court had previously dismissed a petition seeking the quashing of the FIR.

Upon appeal, the Supreme Court noted that even if the prosecution’s entire case is assumed to be true, none of the ingredients required to establish the alleged offenses are disclosed. Furthermore, the court observed that the FIR was lodged 14 years after the purported illegal acts, with no specific date or time of the offenses mentioned.

Based on the evidence, the court concluded that the case presented by the first informant appeared to be concocted and fabricated. Consequently, the court quashed the criminal proceedings against the accused.

Scope of Section 482 CrPC Jurisdiction

Whenever an accused seeks the quashing of FIRs or criminal proceedings based on the grounds of manifest frivolity, vexation, or ulterior motive for personal vengeance, the court must examine the FIR with care and delve deeper into the case. Merely looking at the averments in the FIR is insufficient to determine if the necessary elements of the alleged offense are disclosed. In such instances, the court has a duty to consider additional circumstances and carefully read between the lines. The court’s jurisdiction under Section 482 of the CrPC or Article 226 of the Constitution allows it to take into account the overall circumstances leading to the initiation of the case and the materials collected during the investigation.

The Supreme Court highlighted the significance of multiple FIRs registered over time in this case. The registration of multiple FIRs raises questions about personal grudges or private vengeance, as alleged by the accused.

Case Details:

Case: Mahmood Ali vs State of UP

Citation: 2023 LiveLaw (SC) 613

Click here to Read/Download Judgment