High Court of Delhi

Preet Singh & Ors. Vs. The State Nct Of Delhi & Anr.

MANU/DE/3017/2022

22.08.2022

Criminal

FIR cannot be quashed at the early stage when even a draft charge-sheet has not been submitted to the Magistrate

The present petition has been filed by the Petitioner seeking quashing of FIR registered under Sections 376, 377, 323 and 34 of the Indian Penal Code, 1860 (IPC). The learned counsel for the petitioners has primarily relied on the case of State of Haryana vs. Bhajan Lal to contend that the allegations in the impugned FIR are false and controverted and thus, the FIR is liable to be quashed.

In the present case, it is observed that the investigation has not yet been completed, the charge-sheet has not yet been filed and non- bailable warrants have been issued against Petitioner no. 1. A bare reading of the FIR reveals that specific allegations against accused persons under Sections 376, 377, 323 read with 34 of IPC have been levelled. In cases where allegations are specifically levelled against each accused, it is established law that courts shall proceed to ascertain as to whether a prima facie case exists against them.

In cases as the present one, when investigation is pending and charge-sheet is yet to be filed, the situation is even a step premature. In the above case of Jitul Jentilal Kotecha v. State of Gujarat, the Hon'ble Supreme Court held that, FIR cannot be quashed when even the draft charge-sheet has not been submitted to the Magistrate. In the present case before this court, the current circumstances are procedurally even farther from culmination of investigation into charge-sheet as charge-sheet is yet to be prepared and filed as the investigation is under progress. Therefore, when no other evidence is yet available before the High Court other than specific allegations in the FIR against the accused persons which raise doubt about a prima facie offence, the power under Section 482 of Code of Criminal Procedure, 1973 (CrPC) cannot be exercised to quash the FIR.

This Court is of the opinion that the present case is not covered by the cases relied upon. The judgment of Bhajan Lal is to be applied in the rarest of rare case, which cannot be said about the present case. The allegations in the FIR at this stage can be held to be false or vindictive.

Keeping in view the contents of the FIR along with supporting statements under Section 164 of CrPC by the complainant, fact that, investigation is yet to be concluded and charge-sheet has also not yet been filed, the contention of the learned counsel for the petitioners that the allegations are baseless and false in nature appears to be premature for the purpose of quashing the FIR. Further, this Court notes that Petitioner no. 1 has not joined investigation and non- bailable warrants have been issued against him, therefore it is not a fit case for quashing of FIR. Petition dismissed.

Tags : FIR Proceedings Quashing of

Share :