The court can quash an FIR under Section 482 Cr.P.C. if allegations are baseless, but must exercise caution in serious offenses, particularly under POCSO.

Headnote:(A) Code of Criminal Procedure, 1973 - Section 482 - Indian Penal Code, 1860 - Sections 376AB/511 - Protection of Children from Sexual Offences Act, 2012 - Sections 8/10 - Information regarding FIR seeking quashing - The petitioner seeks to quash an FIR related to serious offenses under IPC and POCSO Act - The court directed service of notice to the informant and required a status report from the Investigating Officer - Pre-arrest bail was previously denied due to the nature of the charges. (Paras 2, 5, 7)

(B) Criminal Procedure - Quashing of FIR - The court has the jurisdiction to quash an FIR under Section 482 Cr.P.C. when the allegations are baseless or do not disclose any offense - However, in cases involving serious charges, the court may proceed with caution. (Para 2)

Facts of the case:
The petitioner filed an application to quash an FIR related to serious charges of attempted rape and offenses under the POCSO Act, which was registered on 25.07.2023. The petitioner had previously sought pre-arrest bail, which was denied due to the nature of the charges.

Findings of Court:
The court ordered the petitioner to serve notice to the informant and directed the Investigating Officer to submit a status report on the ongoing investigation.

Issues: The main issues include the validity of the FIR and the grounds for quashing it under Section 482 Cr.P.C. in light of serious allegations.

Ratio Decidendi: The court emphasized that while it has the power to quash FIRs, it must consider the gravity of the charges, especially in cases involving sexual offenses against minors.

Result: The matter is listed for further hearing on 28.10.2024.

ORDER

18.09.2024 Heard Mr. N.J. Dutta, learned counsel appearing for the petitioner and Mr. B. Sharma, learned Additional Public Prosecutor, Assam appearing for the State.

2. The petitioner has filed this application under Section 482 Cr.P.C for quashing of the F.I.R dated 25.07.2023 that was lodged by the informant/respondent No.2 relating to Mankachar P.S. Case No.308/2023 corresponding to G.R. Case No.720/2023, registered under Section 376AB /511 IPC read with Sections 8/10 of the POCSO Act, 2012 and also read with Section 67 of the I.T. Act.

3. Perused the office note dated 07.08.2024.

4. In pursuance of the Notification No.17 dated 15.03.2024 issued by the Registrar (Judicial) of this Court, petitioner is directed to take steps for service of notice on the respondent No.2 through the Registry of this Court on or before 20.09.2024 and pursuant to the said Notification No.17, noted above, Registry shall serve a copy of this petition to the Public Prosecutor of the Gauhati High Court, who in turn shall submit it to the Officer-in-Charge of Mankachar Police Station, District-South Salmara, Assam and shall obtain a necessary report from the respondent No.2 pertaining to service of such notice on him, who is a resident of Manullyapara under South Salmara police station, District-South Salmara, Mankachar.

5. It is stated by Mr. N.J. Dutta, learned counsel for the petitioner that earlier the petitioner had approached this Court by filing AB No.280/2024 seeking pre-arrest bail in connection with said Mankachar P.S. Case No.308/2023 and the co-ordinate Bench of this Court rejected such pre- arrest bail of the petitioner as the matter relates to Section 376AB of the IPC and barred under Section 438(4) of Cr.P.C , as amended.

6. List the matter again on 28.10.2024.

7. On the said date i.e. on 28.10.2024, the concerned Investigating Officer of said Mankachar P.S. Case No.308/2023 shall submit an up-to- date status report relating to the said Mankachar P.S. Case No.308/2023 and also scanned/photocopy of the Case Diary relating to said Mankachar P.S. Case No.308/2023.

8. A copy of this order be furnished to Mr. B. Sharma, learned Additional Public Prosecutor, Assam for his necessary use.

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2024 Supreme(Online)(GAU) 7386

HIGH COURT OF GAUHATIMANASH RANJAN PATHAK, JMD. FULBABU SK – AppellantVersusTHE STATE OF ASSAM AND ANR – RespondentCrl.Pet. / 779 / 2024

The court can quash an FIR under Section 482 Cr.P.C. if allegations are baseless, but must exercise caution in serious offenses, particularly under POCSO.

HIGH COURT OF GAUHATI
MANASH RANJAN PATHAK, J
MD. FULBABU SK – Appellant
Versus
THE STATE OF ASSAM AND ANR – Respondent
Crl.Pet. / 779 / 2024