1. Appeal against High Court order declining to quash FIR for cheating, forgery, wrongful confinement, extortion, and criminal intimidation. (Para 1 , 2 , 3 , 4 , 5 , 6 )
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2023 Supreme(Online)(SC) 26433
SUPREME COURT OF INDIA
HON'BLE MR. JUSTICE S.V.N. BHATTI, HON'BLE MR. JUSTICE J.B. PARDIWALA
MAHMOOD ALI – Appellant
Versus
STATE OF U.P. – Respondent
394772022
Important Points
FIRs may be quashed if allegations are absurdly improbable, lack prima facie evidence, or are maliciously filed for vengeance. Courts must examine overall circumstances beyond the FIR's drafted wording to prevent the judicial process from being used as an instrument of harassment.
Subject
Criminal Law - Quashing of FIR
Act Referred
Indian Penal Code: S.420, S.467, S.468, S.471, S.342, S.386, S.504, S.506
Code of Criminal Procedure: S.482, S.156(1), S.155(2)
Constitution of India: Art.226
Code of Criminal Procedure: S.482, S.156(1), S.155(2)
Constitution of India: Art.226
Headnote
(A) Indian Penal Code, 1860 - Sections 420, 467, 468, 471, 342, 386, 504 and 506; Code of Criminal Procedure, 1973 - Section 482; Constitution of India - Article 226 - Quashing of FIR - Parameters for quashing an FIR include: (i) where allegations do not prima facie constitute any offence; (ii) where allegations are so absurd and inherently improbable that no prudent person can reach a just conclusion; and (iii) where proceedings are maliciously instituted with an ulterior motive for wreaking vengeance. (Paras 11 and 12)
(B) Exercise of Jurisdiction - When a party invokes inherent powers or extraordinary jurisdiction to quash proceedings on grounds of they being frivolous or vexatious, the Court owes a duty to examine the FIR with care and look beyond the averments. The Court must consider attending circumstances and materials collected during investigation to ensure the judicial process does not become an instrument of oppression or harassment. (Paras 12 and 13)
Facts of the case:
An FIR was registered after a delay of 14 years, alleging that the accused persons took advantage of the first informant's illiteracy and helplessness to obtain signatures on blank papers and cheques, fraudulently appointed him as a director of a company, and held him hostage through threats. The High Court refused to quash the FIR, noting the criminal history of the accused petitioners.
Findings of Court:
The Court found that even if the prosecution's case is accepted as true, the ingredients to constitute the alleged offences are not disclosed. The FIR lacked specific dates or times of the offences and appeared concocted and fabricated, given the inordinate and unexplained delay in filing.
Issues: Whether the FIR and subsequent criminal proceedings should be quashed on the grounds of being absurd, improbable, and maliciously instituted.
Ratio Decidendi: The court ruled that the case fell within the parameters for quashing as the allegations were inherently improbable and filed with an ulterior motive. It emphasized that in cases of potential malice, the court must look "between the lines" and consider the overall circumstances rather than just the drafted averments of the FIR to prevent the abuse of the process of the court.
Result: Appeal allowed. The impugned order passed by the High Court is set aside. The criminal proceedings arising from the FIR are hereby quashed.
(B) Exercise of Jurisdiction - When a party invokes inherent powers or extraordinary jurisdiction to quash proceedings on grounds of they being frivolous or vexatious, the Court owes a duty to examine the FIR with care and look beyond the averments. The Court must consider attending circumstances and materials collected during investigation to ensure the judicial process does not become an instrument of oppression or harassment. (Paras 12 and 13)
Facts of the case:
An FIR was registered after a delay of 14 years, alleging that the accused persons took advantage of the first informant's illiteracy and helplessness to obtain signatures on blank papers and cheques, fraudulently appointed him as a director of a company, and held him hostage through threats. The High Court refused to quash the FIR, noting the criminal history of the accused petitioners.
Findings of Court:
The Court found that even if the prosecution's case is accepted as true, the ingredients to constitute the alleged offences are not disclosed. The FIR lacked specific dates or times of the offences and appeared concocted and fabricated, given the inordinate and unexplained delay in filing.
Issues: Whether the FIR and subsequent criminal proceedings should be quashed on the grounds of being absurd, improbable, and maliciously instituted.
Ratio Decidendi: The court ruled that the case fell within the parameters for quashing as the allegations were inherently improbable and filed with an ulterior motive. It emphasized that in cases of potential malice, the court must look "between the lines" and consider the overall circumstances rather than just the drafted averments of the FIR to prevent the abuse of the process of the court.
Result: Appeal allowed. The impugned order passed by the High Court is set aside. The criminal proceedings arising from the FIR are hereby quashed.
Legal Category Hierarchy
- crime and sentencing
- practice and procedure
-
constitutional law
-
writ jurisdiction
- article 226 (Para 12)
-
writ jurisdiction
Advocates:
For the Appellants/Petitioners: Siddhartha Dave
For the Respondents: Garima Prasad
For the Appellants/Petitioners: Siddhartha Dave
For the Respondents: Garima Prasad
Table of Contents
2. Appellants argued FIR was absurd, delayed 14 years, and maliciously instituted for political vendetta. State argued FIR disclosed cognizable offences. (Para 7 , 8 )
3. Court must examine overall circumstances and materials to prevent abuse of process; FIR appears concocted and inherently improbable. (Para 10 , 11 , 12 , 13 )
4. FIR may be quashed when allegations, taken at face value, do not constitute any offence or are absurd and inherently improbable. (Para 11 , 13 )
5. Appeal allowed; impugned High Court order set aside; criminal proceedings arising from FIR quashed. (Para 14 , 15 )
6. Under what circumstances can a court quash an FIR under Section 482 CrPC or Article 226 of the Constitution?
When allegations do not prima facie constitute any offence, are absurd or inherently improbable, or proceedings are mala fide and instituted for ulterior motives. (Para 11 , 12 , 13 )
7. What factors may a court consider beyond the FIR averments to determine if proceedings are vexatious or malicious?
Attending circumstances like multiple FIRs, inordinate delay, lack of specific dates, and materials collected during investigation may be considered. (Para 10 , 12 )
J U D G M E N T
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 r/w 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 thus:-
"Sir, it is submitted that the applicant has worked for may years in the offices of different government approved mining lease holders in Saharanpur district. Mining Industry is the main source of employment in the Behat area of Saharanpur district. The educated youth of the area earn their livelihood by working in the offices of some crushers and mining lease holders established in the area due to unemployment. In this way, thousands of people earn their livelihood by working in mining offices and stone crushers at the local level. Taking advantage of the unemployment and helplessness of the applicant, Mohammad Wajid s/o Iqbal obtained his signature on some papers on 1.8.2008 and after that he kept on making the applicant sign other papers and bank cheques. The applicant kept signing those papers so as to save his job and out of fear, because he refused to sign, he would have been threatened with removal from the job and harassed by implicating him in some false case. Mohammad Iqbal used to threaten the applicant repeatedly that if he would not listen to him, he would send him to jail and would also get his family finished. Due to this fear, the applicant remained silent for so many years and continued to lead the life of slavery. Thereafter the applicant came in contact with those who are sharing the evil deeds of Mohammad Iqbal with the Hon'ble Supreme Court and Central agencies. I was fraudulently appointed as a Director in the company by Mohammad Iqbal and Mohammad Wajid s/o Iqbal. When I came to know about the fake appointment, I resigned from that company on 22 March 2017. I was appointed as a Director by fraudulently obtaining my signature on papers without my consent, whereas I was not even aware at that time as to what is a Director or a company and why my signature is being obtained? I left the job in 2017 as I was not even paid salary for 2 years after 2015. I along with those who were exposing their misdeeds have brought many of their misdeeds to the notice of central agencies. The above persons are so clever fraudsters that they have filed a bogus Writ Criminal (Miscellaneous) Petition No.2342 of 2019 in the Hon'ble High Court Allahabad in the name of the applicant. When I came to know about this, I appeared before the Hon'ble Judge in the Hon'ble High Court, Allahabad made him aware of the truth that at present I do not work with the aforesaid persons and in the past also I have worked in his mining lease office only and never did a job in their University. A copy of the order of the Hon'ble Court is enclosed. It has also come to my notice that the misdeeds of Mohammad Iqbal are being investigated by the Special Investigation Team (SIT). I want to cooperate in the investigation going on against them so that the misdeeds of the above persons can be exposed. I have seen the terrible forms of the above persons for many years and have suffered their wrath. I was forced to work in their office by being held as a hostage and being threatened to be killed by Mohammad Iqbal alias Bala s/o Abdul Waheed and his sons by showing fear of life. These persons did not even pay the salary to me for 2 years. When I asked for my salary, Mohammad Iqbal alias Bala and his sons and brother put a pistol (Tamanccha) on my tempor
