SUPREME COURT OF INDIA
B.R. GAVAI, J.B. PARDIWALA, JJ.
Mahmood Ali & Ors. – Appellant
Versus
State Of U.P. & Ors. – Respondents
Criminal Appeal No. 2341 of 2023 (Arising out of S.L.P. (Criminal) No. 12459 of 2022)
Decided on : 08-08-2023
Indian Penal Code, 1860 – Sections 420, 467, 468, 471, 342, 386, 504 and 506 – Constitution of India – Article 226 – Cheating, extortion, forgery, wrongful restraint, insult and criminal intimidation – Quashing of FIR – FIR came to be lodged after a period of 14 years from alleged incident – Even if entire case of prosecution is believed or accepted to be true, none of ingredients to constitute offence as alleged are disclosed – Entire case put up by first informant on face of it appears to be concocted and fabricated – In FIR no specific date or time of alleged offences has been disclosed – Registration of multiple FIRs assumes importance, thereby attracting issue of wreaking vengeance out of private or personal grudge as alleged – Impugned order passed by High Court set aside and criminal proceedings quashed. (Paras 10, 11, 12 and 14)
(B) Criminal Procedure Code, 1973 – Section 482 – Constitution of India – Article 226 – Quashing of criminal proceeding – Court while exercising its jurisdiction under Section 482 of Cr.P.C. or Article 226 of Constitution need not restrict itself only to stage of a case but is empowered to take into account overall circumstances leading to initiation/registration of case as well as materials collected in course of investigation – It will not be just enough for Court to look into averments made in FIR/complaint alone for the purpose of ascertaining whether necessary ingredients to constitute alleged offence are disclosed or not – In frivolous or vexatious proceedings, Court owes a duty to look into many other attending circumstances emerging from record of case over and above averments and, if need be, with due care and circumspection try to read in between lines. (Para 12)
Facts of the case:
Present appeal is at the instance of original accused persons of FIR registered with Mirzapur Police Station, District Saharanpur, State of U.P. dated 04.06.2022 for offences punishable under Sections 420, 467, 468, 471, 342, 386, 504 and 506 of IPC and is directed against the order passed by High Court of Judicature at Allahabad dated 08.07.2022 in the Criminal Miscellaneous Writ Petition No. 7335 of 2022 by which High Court rejected Writ Petition and thereby declined to quash FIR.
Findings of Court:
Impugned order passed by the High Court of Judicature at Allahabad is hereby set aside. Criminal proceedings arising from FIR No. 127 of 2022 dated 04.06.2022 registered at Police Station Mirzapur, Saharanpur, State of U.P. are hereby quashed.
Result : Appeal allowed.
JUDGMENT :
J.B. PARDIWALA, J.
1. Leave granted.
2. This appeal is at the instance of the original accused persons of the First Information Report (FIR) No. 127 of 2022 registered with the Mirzapur Police Station, District Saharanpur, State of U.P. dated 04.06.2022 for the offences punishable under Sections 420, 467, 468, 471, 342, 386, 504 and 506 resply of the Indian Penal Code (IPC) and is directed against the order passed by the High Court of Judicature at Allahabad dated 08.07.2022 in the Criminal Miscellaneous Writ Petition No. 7335 of 2022 by which the High Court rejected the Writ Petition and thereby declined to quash the said FIR for the offences enumerated above.
3. The FIR in question reads as thus:-
(1) Registration of multiple FIRs assumes importance, thereby attracting issue of wreaking vengeance out of private or personal grudge.(2) Court while exercising its jurisdiction under Section 482 of....
(1) Ordinarily, an injured witness would not tell a lie as to actual assailants, but there is no presumption or any basis for assuming that statement of such a witness is always correct or without an....
(1) POCSO cases cannot be quashed without thorough scrutiny of material on record.(2) Registration of multiple FIRs assumes importance, thereby attracting issue of wreaking vengeance out of private o....
The court emphasized that the power under Section 482 Cr.P.C. should be sparingly exercised and that the court should not interfere with the investigation unless no cognizable offence is disclosed. I....
Quashing of criminal proceeding – It will not be just enough for Court to look into averments made in FIR/complaint alone for the purpose of ascertaining whether necessary ingredients to constitute a....
Criminal proceedings can be quashed when based on unsubstantiated allegations, especially in cases of inordinate delay in the investigation, which infringes on the right to a speedy trial.
The power of quashing should be exercised sparingly with circumspection, and the court should be extremely cautious and slow to interfere with the investigation and/or trial of criminal cases.
The High Court should not exercise its inherent powers under Section 482 CrPC to quash criminal proceedings or conduct a mini-trial to verify the truthfulness or reliability of allegations once a cha....
The main legal point established in the judgment is the court's power to quash proceedings under Section 482 of the CrPC to prevent abuse of the process of law and to secure the ends of justice.
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