High Court Can Quash FIR Even After Charge-Sheet Is Filed : Supreme Court

The Supreme Court on Wednesday (August 28) recently reiterated that the high court is empowered under section 482 CrPC to quash an FIR even after charge sheet is filed if the court is satisfied that continuing the proceedings would be an abuse of the process of law.

“law seems to be well-settled that the High Court under Section 482, Cr. PC. retains the power to quash an FIR, even after charge-sheet under Section 173(2) thereof is filed, provided a satisfaction is reached, inter alia, that either the FIR and the charge-sheet read together, even accepted as true and correct without rebuttal, does not disclose commission of any offence or that continuation of proceedings arising out of such an FIR would in fact be an abuse of the process of law as well as of the Court given the peculiar circumstances of each particular case”, the Court observed.

A bench of Justice Dipankar Datta and Justice Ujjal Bhuyan quashed the FIR and charge-sheet against the parents-in-law and husband of a complainant in a cruelty case under Section 498A of the IPC.

The Court allowed appeals filed by the complainant's parents-in-law and husband, against the Gujarat High Court's refusal to quash the FIR.

The complainant had registered the FIR in 2002 against her husband and in-laws. She and the appellant's husband obtained a divorce by mutual consent in 2004.

The Gujarat HC on September 14, 2011 dismissed quashing applications filed by the appellants as the investigating officer had filed a charge-sheet and a prima facie case had been made out against the appellants.

Thus, the appellants filed the present appeal before the Supreme Court.

The Supreme Court observed that despite being served a notice on May 30, 2023, the complainant did not appear in court to oppose the appeals, as noted in the office report dated December 2, 2023.

The Supreme Court noted that the complainant and her husband had severed their marital ties in 2004, and both were well settled in their respective lives. The Court observed that the complainant had not shown any inclination to have her marital life disturbed, as she did not participate in the current proceedings.

The Court also opined that the allegations in the FIR were vague and general in nature. Therefore, the Court questioned whether the FIR and the charge-sheet should proceed to trial solely because of appearance of a prima facie case against the appellants.

The Supreme Court referred to several precedents, including Abhishek v. State of Madhya Pradesh, to emphasize that the High Court retains the power to quash an FIR under Section 482 of the CrPC even after a charge-sheet is filed.

Therefore, the Court found it appropriate to put a quietus to the long-standing dispute between the parties by invoking its powers under Article 142 of the Constitution to quash the FIR, the charge-sheet, and all other proceedings arising from it.

Case no. – Criminal Appeal Nos. 1884 and 1885 of 2013

Case Title – Shaileshbhai Ranchhodbhai Patel and Anr. v. State of Gujarat and Ors.

Citation : 2024 LiveLaw (SC) 635