HC Can Act On Section 482 Petition To Quash FIR Even If Chargesheet Has Been Filed During Its Pendency : Supreme Court

The Supreme Court recently clarified that the High Courts can quash an FIR even if chargesheet was filed while the petition filed under Section 482 CrPC was pending.

"It is well settled that the High Court would continue to have the power to entertain and act upon a petition filed under Section 482 Cr.P.C. to quash the FIR even when a chargesheet is filed by the police during the pendency of such petition", observed a bench comprising Justices Aniruddha Bose, Sanjay Kumar and SVN Bhatti.

The bench made this observation while quashing a case under Section 498A IPC instituted by a woman against her in-laws. The bench rejected the argument that the petition to quash FIR was no longer maintainable after the chargesheet was filed.

The bench observed that this position is well settled in Joseph Salvaraj A. vs. State of Gujarat and others (2011) 7 SCC 59. This principle was reiterated in Anand Kumar Mohatta and another vs. State (NCT of Delhi), Department of Home and another [(2019) 11 SCC 706.

On merits, the Court quashed the FIR after noting that the allegations are far-fetched and improbable.

Another report about the judgment can be read here - 'Far-Fetched, Vague Allegations' : Supreme Court Quashes Sec 498A IPC Case By Wife Against Mother-in-Law & Brothers-in-Law

Case Title : Abhishek v. State of Madhya Pradesh