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SUPREME COURT OF INDIA
Ajay Rastogi, B.V. Nagarathna, JJ.
R. Abirami - Petitioner
Versus
D. Santhanam & Others - Respondents
Special Leave Petition (Crl.) No(s.) 8149 of 2021
Decided On : 06-09-2022
FIR Quashing - Criminal Procedure - Code of Criminal Procedure, 1973 - Section 482
Fact of the Case:
The complainant-victim filed a petition challenging the High Court's order quashing the FIR and criminal proceedings.
Finding of the Court:
The Supreme Court found no reason to interfere and dismissed the special leave petition.
Issues: Challenge to quashing of FIR and criminal proceedings under Section 482 of the Code of Criminal Procedure, 1973.
Ratio Decidendi: The court's decision was based on the lack of reason to interfere with the High Court's order quashing the FIR and criminal proceedings.
Final Decision: The special leave petition was dismissed with no costs.
ORDER :
1. The present petition has been filed at the instance of the complainant-victim assailing the order dated 20th September, 2021 passed by the High Court of Judicature at Madras quashing the FIR in Crime No. 07 of 2021 dated 6th May, 2021 and the criminal proceedings in exercise of its power under Section 482 of the Code of Criminal Procedure, 1973.
2. We have heard the petitioner-in-person and learned counsel for the respondents for quite some time.
3. After taking into consideration the submissions made by the parties as well as the written submissions furnished by the petitioner-in-person at the time of arguments and on perusal of record, we find no reason to interfere.
4. Consequently, the special leave petition is dismissed. No costs.
5. Pending application(s), if any, shall stand disposed of.
The court's decision was based on the lack of reason to interfere with the High Court's order quashing the FIR and criminal proceedings.
Court dismissed the petition under Section 482 CrPC as infructuous due to the Case pending in trial.
Petition to quash FIR becomes infructuous after charge sheet filing and cognizance taken.
The court affirmed the appellant's right to challenge the sanction order and clarified that prior observations should not influence the merits of the case.
Once a final report is filed in a criminal case, a petition to quash the FIR becomes infructuous.
The High Court's inherent powers under Section 482 Cr.P.C can be invoked to prevent abuse of process and ensure justice, emphasizing the need for substantial justification in criminal proceedings.
Points Of Law : An interim stay of arrest shall continue to remain in operation until the petition is disposed of by the High Court.
FIR and criminal proceeding(s) emanating from FIR cannot be quashed on the basis of forced Settlement Agreement.
When a criminal proceeding has already been closed by a prior order of the Court, a petition filed to quash the FIR in that proceeding becomes infructuous and is liable to be closed.
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