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2007(4) Crimes 76 (SC)
SUPREME COURT OF INDIA
(From Rajasthan High Court)
A.K. Mathur & Tarun Chatterjee, JJ.
Pratibha — Petitioner
versus
Rameshwari Devi & Ors. — Respondents
Appeal (crl.) 1242 of 2007
[Arising out of SLP [Crl] No. 6334 of 2004]
Decided on : 17-09-2007
(1982) 1 SCC 561; (1985) 2 SCC 370; (1988) 1 SCC 692; (1988) 4 SCC 655; 1992 Suppl. (1) SCC 335 – Relied upon.
(b) Code of Criminal Procedure, 1973 – Section 482 – Apparently High Court had relied on extraneous considerations and acted beyond the allegations made in the FIR for quashing the same in the exercise of its inherent powers – Filing of a divorce petition in a Civil Court cannot be a ground to quash criminal proceedings as it is well settled that criminal and civil proceedings are separate and independent and the pendency of a civil proceeding cannot bring to an end a criminal proceeding even if they arise out of the same set of facts. (Para 8)
(c) Code of Criminal Procedure, 1973 – Section 173(2) – It is not open to the High Court to rely on the report of the investigating agency nor can it direct the report to be submitted before it – High Court acted in excess of its jurisdiction by relying on the investigation report and directing the report to be submitted before it. Para 9)
(2003) 2 SCC 649; AIR 1968 SC117; (2003) 6 SCC 195 – Relied upon.
(d) Code of Criminal Procedure, 1973 – Section 482 – The power under Section 482 of the Code has to be exercised sparingly and in the rarest of rare cases – Present case did not warrant such exercise by the High Court. (Para 10)
Facts of the case:
The appellant had entered into wedlock with the respondent No.2 on 25th January, 2000. The respondent Nos.1, 3, 4 and 5 are the mother-in-law, brother-in-law, maternal father-in-law and the father-in-law of the appellant respectively. The appellant left her matrimonial home on 25th May, 2001 with her father and brother. In the FIR, the appellant alleged that during her stay in her matrimonial home, she was subjected to harassment and cruelty by all the respondents as they were dissatisfied with the articles that the appellant had brought as stridhan. The respondents also forced her to bring Rs.5 lacs more in dowry from her father which she could not bring from her parents nor could her parents afford to pay such a huge amount. The respondents also did not allow the appellant to take back her ornaments and other articles, which were gifted to her as stridhan when she left her matrimonial home. On 31st July, 2001, the husband, namely, respondent No.2 filed a petition before the Family Court praying for a decree for divorce on the ground of mental cruelty. On 31st December, 2001, the appellant lodged an FIR No.221 of 2001 against the respondents for the alleged offences under Section 498A and 406 of IPC. This FIR was challenged by way of a criminal miscellaneous petition under Section 482 of the Code in which the respondents prayed for quashing of the said FIR. The respondents had also obtained an order granting anticipatory bail from the Sessions Judge, Jhunjhunu, Rajasthan on 8th February, 2002. While the petition under Section 482 of the Code was pending, a final investigation report was submitted on 13th February, 2004 in the High Court. The High Court by the impugned order had quashed the FIR No. 221 of 2001 on the basis of the report of the Investigating Officer submitted before it and concluded that no offence under Section 498A and 406 of the IPC was made out by the appellant against the respondents. The High Court also observed that the FIR must be quashed to avoid undue harassment and mental agony to the respondents, more so when the divorce petition was still pending before the Family Court. It is this order of the High Court, quashing the FIR in the exercise of its inherent power under Section 482 of the Code, which is now under challenge before us in this appeal.
Findings of the Court:
High Court relied on extraneous considerations and acted beyond jurisdiction.
Result : Impugned judgment set aside and matter remitted back to trial court.
JUDGMENT
TARUN CHATTERJEE, J. —
1. Leave granted.
2. This appeal by special leave is preferred against the judgment and order dated 14th September, 2004 of the High Court of Judicature for Rajasthan at Jaipur Bench, whereby the High Court had quashed an FIR dated 31st December, 2001 lodged at the instance of the appellant in the exercise of its inherent powers under Section 482 of Code of Criminal Procedure (hereinafter referred to as the Code). The said FIR was registered by the complainant/appellant (in short the appellant) against the accused/respondents (in short the respondents) for the alleged offences under Section 498-A and 406 of IPC.
3. Before we take up the questions that were posed before us by the learned counsel for the parties, it is necessary at this stage to state the facts giving rise to the filing of this appeal. Accordingly, the facts in a nutshell are stated below :
4. The appellant had entered into wedlock with the respondent No.2 on 25th January, 2000. The respondent Nos.1, 3, 4 and 5 are the mother-in-law, brother-in-law, maternal father-in-law and the father-in-law of the appellant respectively. The appellant left her matrimonial home on 25th May, 2001 with her father and brother. In the FIR, the appellant alleged that during her stay in her matrimonial home, she was subjected to harassment and cruelty by all the respondents as they were dissatisfied with the articles that the appellant had brought as stridhan. The respondents also forced her to bring Rs.5 lacs more in dowry from her father which she could not bring from her parents nor could her parents afford to pay such a huge amount. The respondents also did not allow the appellant to take back her ornaments and other articles, which were gifted to her as stridhan when she left her matrimonial home. On 31st July, 2001, the husband, namely, respondent No.2 filed a petition before the Family Court praying for a decree for divorce on the ground of mental cruelty. On 31st December, 2001, the appellant lodged an FIR No. 221 of 2001 against the respondents for the alleged offences under Section 498A and 406 of IPC. This FIR was challenged by way of a criminal miscellaneous petition under Section 482 of the Code in which the respondents prayed for quashing of the said FIR. The respondents had also obtained an order granting anticipatory bail from the Sessions Judge, Jhunjhunu, Rajasthan on 8th February, 2002. While the petition under Section 482 of the Code was pending, a final investigation report was submitted on 13th February, 2004 in the High Court. The High Court by the impugned order had quashed the FIR No. 221 of 2001 on the basis of the report of the Investigating Officer submitted before it and concluded that no offence under Section 498A and 406 of the IPC was made out by the appellant against the respondents. The High Court also observed that the FIR must be quashed to avoid undue harassment and mental agony to the respondents, more so when the divorce petition was still pending before the Family Court. It is this order of the High Court, quashing the FIR in the exercise of its inherent power under Section 482 of the Code, which is now under challenge before us in this appeal.
5. Having heard the learned counsel for the parties and after considering the materials on record and the complaint filed by the appellant under Sections 498A and 406 of the IPC, we are of the view that the High Court had exceeded its jurisdiction by quashing the FIR No. 221 of 2001 in the exercise of its inherent powers under Section 482 of the Code. Before we consider the scope and power of the High Court to quash an FIR in the exercise of its inherent powers under Section 482 of the Code even before the parties are permitted to adduce evidence in respect of the offences alleged to have been made under the aforesaid two sections (namely, Sections 498A and 406 of IPC), we may keep it on record that two questions merit our determination in the present case: -
(i) whether
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