Arrest Does Not Render FIR Quashing Petition Under Article 226 Infructuous; HC Must Decide on Merits: Supreme Court - 2024-09-20

Supreme Court: Arrest No Bar to Deciding FIR Quash Plea on Merits; High Court Order Set Aside

New Delhi: The Supreme Court recently delivered a significant ruling, emphasizing that a High Court cannot dismiss a petition seeking the quashing of a First Information Report (FIR) as infructuous merely because the petitioner has been arrested. The apex court underscored that it remains the High Court's duty to adjudicate such petitions on their merits.

The decision came in an appeal where the appellant challenged an order of the High Court of Judicature at Allahabad, which had dismissed their writ petition under Article 226 of the Constitution.

Background of the Appeal

The appellant had initially approached the Allahabad High Court by filing Criminal Misc. Writ Petition No. 6603 of 2024, seeking the quashing of an FIR lodged against them. However, the High Court, in its order dated 7th May 2024, dismissed the petition. The High Court reasoned that the petition had become infructuous due to the subsequent arrest of the appellant.

Dissatisfied with this approach, the appellant moved the Supreme Court.

High Court's "Strange Approach" Criticized

A Supreme Court bench, after granting leave to appeal and hearing counsel for the parties, strongly disapproved of the High Court's reasoning. The Supreme Court observed:

"The High Court has adopted a strange approach, to say the least. The prayer was for quashing of First Information Report. Even if the appellant was arrested, it was the duty of the High Court to decide the writ petition on merits."

This observation reiterates the fundamental principle that the merits of a plea to quash an FIR must be examined, irrespective of the petitioner's arrest status during the pendency of the petition. The Court also noted that due to an interim order passed by the Supreme Court on 9th August 2024, the appellant had since been released.

Supreme Court's Directions

Finding that the High Court had failed to consider the writ petition on its merits, the Supreme Court set aside the impugned High Court order dated 7th May 2024. Consequently, Criminal Misc. Writ Petition No. 6603 of 2024 was restored to the file of the High Court of Judicature at Allahabad.

The Supreme Court issued the following specific directions: * The Registrar (Judicial) of the Allahabad High Court is to list the restored petition on 14th October 2024 in the morning. * Parties represented before the Supreme Court are obligated to appear before the High Court on that date, and no fresh notices will be issued by the High Court. * The interim relief granted by the Supreme Court on 9th August 2024, will continue to operate for the benefit of the appellant until the disposal of the restored writ petition by the High Court. * The Court clarified that all contentions on the merits of the restored petition are kept open for the High Court to consider.

Implications of the Ruling

This judgment reinforces a crucial aspect of criminal procedure and writ jurisdiction: the arrest of an accused does not automatically render a petition for quashing an FIR meaningless. High Courts are expected to delve into the substance of the allegations and legal grounds presented in such petitions. The ruling serves as a reminder of the judiciary's role in safeguarding individual liberties and ensuring that pleas for justice are heard on their merits, rather than being dismissed on procedural technicalities arising from subsequent events like arrest.

The appeal was disposed of accordingly, with any pending applications also being resolved.