Defence Of Accused Can't Be Looked Into In Writ Plea Seeking Quashing Of FIR: Allahabad High Court

The Allahabad High Court has observed that the defence of the accused cannot be looked into while considering the writ petition seeking quashing of the First Information Report.

The Bench Justice Anjani Kumar Mishra and Justice Deepak Verma observed thus while dismissing a plea filed by one Kalicharan seeking the quashing of the impugned F.I.R. registered against him under Section 302, 120-B I.P.C.

Essentially, the petitioner Kalicharan has been accused of harassing and killing the deceased after burning her alive. Before the Court, he contended that the deceased suffered accidental burn injuries and was admitted to the hospital at his instance and that after her death, the body was handed over to her father/first informant.

It was also stated before the Court that prior to filing the application under section 156(3) Cr.P.C., the first informant (father of the deceased) had made a complaint to the police authorities and that an enquiry was held, which was in favour of the petitioner.

On the other hand, the counsel appearing for the first informant (father of the deceased) stated that there was a prior dispute pertaining to the demand of dowry and that a compromise was entered into between the parties whereby the deceased started residing with the petitioner, however, even thereafter, the deceased telephonically informed him that she was being harassed for dowry.

It was further submitted that when the first informant (father) called his daughter (deceased) on her mobile phone on 14th March 2021, the petitioner/accused received the call and informed him that all was well.

However, later on, on March 18, 2021, the petitioner/accused called the first informant informing him of the death of the deceased. It was contended that no prior information was given to the first informant about the alleged incident and the treatment, which is stated to have taken place at various hospitals.

Against the backdrop of these circumstances and upon hearing the counsel for the parties and upon perusal of the First Information Report, the Court found that the FIR contained the ingredients of cognizable offence.

In view of this, noting that the First Information Report cannot be quashed on the basis of submissions that has been made by learned counsel for the petitioner which are, in fact, his defence, the Court dismissed the plea.

Case title - Kalicharan v. State Of U.P. And 2 Others
Case Citation:2022 LiveLaw (AB) 84

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