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ANSHUMAN
Sudha Kumari @ Sudha Devi, Wife of Sharweshwar Kumar Sadanand – Appellant
Versus
State Of Bihar, Through The Principal Secretary, Department Of Home, Government Of Bihar – Respondent
JUDGMENT :
(Dr. Anshuman, J.) :
Learned Senior counsel Mr. P.N. Shahi, for the petitioner and learned counsel for the Respondent No.7 is present.
2. The present writ application has been filed for quashing of the F.I.R. being Gardanibag P.S. Case No. 192 of 2017 dated 25.03.2017 arising out of Complaint Case No. 703(c) of 2017 registered for the offences punishable under Sections 406, 420, 467, 468, 472 and 120B of the I.P.C..
3. Learned senior counsel for the petitioner submits that the F.I.R. has been lodged in under Section 154(3) of the Cr.P.C. as well as the judgment of Hon’ble Apex Court in case of Priyanka Srivastava Vs. State of Uttar Pradesh reported in (2015) 6 SCC 287 as well as the case of Babu Venkatesh & Ors. Vs. State of Karnataka & Anr. reported in 2022 LiveLaw (SC) 181. Counsel for the petitioner submits that certified copy of the F.I.R. has been annexed that the writ petition and Paragraph-33 of the writ petition content the statement of affidavit, but this affidavit paper has neither been executed by the complainant nor there is any affidavit on the same and it was referred for filing F.I.R. on the basis of which the F.I.R. has been filed.
4. Learned senior counse
An F.I.R. is invalid if it is not supported by a duly sworn affidavit from the complainant, as mandated by Section 154(3) of the Cr.P.C.
The necessity of filing an affidavit before a petition under Section 156(3) of the Cr.P.C. and the exercise of discretion by the Magistrate guided by the interest of justice in deciding whether to di....
The court reaffirmed the necessity of following Section 41-A Cr.P.C. in cases involving offences with a punishment of less than seven years, as per the Supreme Court's guidance.
The court can quash F.I.R. and subsequent proceedings based on a genuine compromise between the parties, following established legal principles.
The court reinforced the necessity of following Section 41-A Cr.P.C. in cases involving offences with a punishment of less than seven years, as per the Supreme Court's guidelines.
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