QUASHING OF F.I.R
What is F.I.R?
FIR means ‘First Information Report.’ FIR is the first document prepared in criminal proceedings. FIR is a document that places on record the victim's side of the story. FIR acts as a tool on which police authorities base and start their investigations. Hence, it is pretty clear that an FIR plays a vital role in criminal proceedings.
Quashing of FIR
Inherent Powers of High Court
The Code of Criminal Procedure has under Section 482 explained the inherent powers of the High Court.
- The spouses living separately (whether in the same matrimonial house or separate residence) for a period not less than one year.
- There is no scope of reconciliation or adjustment possible between the parties. They have failed all reasons whatsoever to live together.
- There is free consent to the agreement of dissolving of a marriage
- Any party can withdraw the mutual divorce petition in course of six months from the date of filing of the petition.
How to quash 498A
These days it’s quite an easy tasks for women to register an FIR by attributing allegations of cruelty and a case is registered and thereby the husband and his family members have to go through harassment and torture. Now one remedy is available for them which can relieve them from all the harassment and torture and that is quashing of FIR under 482 CrPC. But this remedy is generally very sparingly and rarely exercised by the courts. Generally, allegations of cruelty are mentioned in the FIR, and based on this FIR is lodged but sometimes police forget that in the cases of498a general allegations of cruelty do not stand, the allegation must qualify either of the two parts as envisaged in section 498a.
Here are some of the valid grounds.
Vague allegation-498a quashed
The case of 498a can be quashed when there are vague the allegations in the FIR. A FIR is a first document on which whole investigation and chargesheet is based.
An FIR is a bible for getting evidence and eventually securing the conviction of an accused based on the evidence, therefore an FIR must contain all the material facts related to an offense. It also must contain all the specific ingredients needed for satisfying an offense and material through which investigation may proceed. if an FIR misses material facts then it is a vague FIR that can be quashed by invoking the jurisdiction of 482 CrPC. Image result for 498a quash Some believe that if an FIR satisfies the ingredients of an offense it is not the case for being fit for quashing but this preposition is untrue under the light of the judgment In R.P. Kapur v. State of Punjab (AIR 1960 SC 866) the apex Court summarized some categories of cases where inherent power can and should be exercised to quash the proceedings. (i) where it manifestly appears that there is a legal bar against the institution or continuance e.g. want of sanction; ii) where the allegations in the first information report or complaint taken at its face value and accepted in their entirety do not constitute the offense alleged; (iii) where the allegations constitute an offense, but there is no legal evidence adduced or the evidence adduced clearly or manifestly fails to prove the charge. so lack of evidence is another ground for quashing proceedings. An FIR containing quite vague, general, and sweeping, specifying no instances of criminal conduct can be quashed even if the FIR constitutes and satisfy the ingredients of an offense. It is held in Vishalbhai Niranjanbhai Adatiya vs State Of Gujarat & on 9 December 2015 It is a matter of common experience that most of these complaints under section 498A IPC are filed in the heat of the moment over trivial issues without proper deliberations. We come across a large number of such complaints which are not even bona fide and are filed with oblique motive. At the same time, a rapid increase in the number of genuine cases of dowry harassment is also a matter of serious concern.
False allegations against relatives
Mukesh Rani V. State of Haryana, 2002 MLR 175=2002 (2)Cr.CC123 2002 (1) RCR (Cr) 163, 2002 (1) CC Cases (HC) 48 (Pb. & Har.)
In the instant case respondent, No.2 is the husband of respondent No.3, and respondent No.3 is the sister of the husband of the complainant. In the FIR, it has not been specifically mentioned what dowry articles were entrusted to respondents 2 and 3 at the time of the marriage. If no article has been entrusted to respondents 2 and 3, then no case under section 406 is made out. It is also not the case of the complainant that respondents2 and 3 are residing with the husband of the complainant. The respondents have placed on record the documents showing that they are employed as teachers and are living separately in village Bamble from the complainant and her husband Satyadev. Even on the date when the alleged occurrence took place respondents were present in their school i.e. on 07.01.1994.
If on the face of the complaint it shows that complaint is false, the charge should not be framed. In the instant case, there is evidence that respondent No.3 who is the sister of the husband of the complainant was living separately with her husband-respondent No.2 in a different village and was employed as a teacher, the learned trial court has rightly discharged respondents 2 and 3.
For the reasons mentioned above, there is no ground to interfere in the well reasoned orders passed by the learned courts below. Hence this petition is dismissed.
Quashing of FIR after Mutual Settlement
In certain matrimonial disputes, women file false complaints of cruelty by husbands and relatives of husbands under Section 498 A and Section 406 of the Indian Penal Code. However, later the parties to the matrimonial dispute enter into a mutual settlement. They generally reduce it into writing and prepare a Mutual Compromise Deed containing all the terms and conditions of the settlement. The parties have to be present before the High Court to record their statements and for the identification.
The parties can enter into a mutual settlement before the Court where the proceedings are going on or independently. In cases of divorce by mutual consent parties can attend the Court after their divorce proceedings are over. The Courts, generally accept the same and pass an order for quashing of FIR on the basis of this Compromise.