[Section 482 CrPC] HC Cannot Quash Criminal Proceedings On The Basis Of Its Assessment Of 161 Statements: SC [Read Judgment]

The Judgment rendered by a bench of of Justices L. Nageshwar Rao & Deepak Gupta has laid down that interference by High Court's under Section 482 Crpc is only warranted in order to prevent abuse of process of court and to secure tends of justice.

Factual Matrix:

The Appellant filed a complaint on 08.05.2014 in PS Kareli, District Narsinghpur, Madhya Pradesh alleging that the Respondents subjected his wife to Harassment due to which she committed suicide along with her two children.

The three Respondents' were relatives of the Appellant.

A final report was filed on completion of investigation on 19.07.2014 following which a Petition under section 482 CRPC was filed by the Respondent's for quashing of the criminal proceedings before the High Court of Madhya Pradesh.

The Respondents contended that that ingredients of "Abetment to Suicide" in terms of section 306 IPC were not made out as he charge sheet did not disclose any direct nexus or evidence to suggest incitement of suicide of the deceased.

The High Court held that there was nothing on record to show that the actions of the Respondents led to the suicide of the Appellant's wife and his children. It was held that at most, a case of criminal intimidation was made out on perusing statements of the Respondents recorded under section 161 CRPC. In light of the above, the High court quashed the criminal proceedings against the Respondents.

Aggrieved, the Appellant approached the Supreme Court in Civil Appeal.

What the Supreme Court held:

The Court, while allowing the criminal appeal, held that quashing of criminal proceedings cannot be meted out by the High Courts if a prima facie case is made out disclosing the ingredients of the alleged offence.

The Bench emphasized that the appreciation of evidence in a petition under Section 482 CRPC was a matter of exceptional circumstance.

It was held,

"It is settled law that the evidence produced by the accused in his defence cannot be looked into by the Court, except in very exceptional circumstances, at the initial stage of the criminal proceedings. It is trite law that the High Court cannot embark upon the appreciation of evidence while considering the petition filed under Section 482 CrPC for quashing criminal proceedings"

Furthermore, Court took the view that statements recorded in terms of Section 161 CRPC were wholly inadmissible in evidence and were not a valid ground for allowing a petition under Section 482 CRPC.

"The conclusion of the High Court to quash the criminal proceedings is on the basis of its assessment of the statements recorded under Section 161 CrPC. Statements of witnesses recorded under Section 161 CrPC being wholly inadmissible in evidence cannot be taken into consideration by the Court"

Commenting on the Judgment, Former Kerala High Court Judge Justice V Ramkumar said;

"The above decision appears to be wrong. When the consistent view of the Supreme Court has been that even an FIR can be quashed u/s 482 Cr. P.C, the view now taken that the charge sheet cannot be quashed since the statements recorded u/s 161 Cr. PC.cannot be evaluated in view of the bar Under Section 162 Cr. P.C., is patently wrong. The interdict u/s 162 (1) Cr. P.C operates only during the inquiry or trial in respect of the offence. Consideration by the High Court of a petition u/s 482 Cr. PC is neither an inquiry or trial so as to attract the bar u/s 162 (1) Cr.PC.

It is by evaluating the statements under section 161 Cr. P.C that a criminal court decides to discharge an accused or frame charge against him. That is made possible because at that stage it is not an inquiry or trial in respect of the offence. That is precisely the reason why the I61 statements can be considered by the Court during the inquiry u/s 452 Cr. PC regarding final disposal of property"

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