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Quashing of FIR Against History Sheeter

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 11-Aug-2023

Source: Supreme Court

Why in News?

A bench of Justices BR Gavai and J B Pardiwala noted that when it comes to quashing of the First Information Report (FIR), criminal antecedents of the accused cannot be the sole consideration to decline the petition.

  • The Apex Court gave the observation in the matter of Mohammad Wajid v. State of UP.

Background

  • An FIR was lodged by the first informant against the accused alleging offences punishable under following sections:
    • Section 323 of Indian Penal Code, 1860 (IPC): Punishment for voluntarily causing hurt
    • Sections 395, IPC: Dacoity
    • Section 504, IPC: Intentional insult with intent to provoke breach of the peace
    • Section 506, IPC: Punishment for criminal intimidation
  • The said FIR was lodged one year after the occurrence of incident, it was lacking date and time, and no plausible reason for the inordinate delay in lodging FIR was given.
  • The High Court declined to entertain the writ application for quashing the FIR and rejected the same.
  • The accused approached the Apex Court.
  • The respondents relied on the fact that the accused has criminal antecedents.
  • However, the Apex Court found the case lodged by the first informant fabricated and allowed to quash the FIR.

Court’s Observations

The Court gave following observation:

  • It said delay in the registration of the FIR, by itself, cannot be a ground for quashing of the FIR.
  • However, delay with other attending circumstances emerging from the record of the case rendering the entire case put up by the prosecution inherently improbable, may at times become a good ground to quash the FIR and consequential proceedings.
  • The state owes a duty to ensure that no crime goes unpunished but at the same time it also owes a duty to ensure that none of its subjects are unnecessarily harassed.

First Information Report

  • The term FIR is not defined in the Code of Criminal Procedure, 1973 (CrPC).
  • The term has not been used in the code except in Section 207 CrPC which requires the Magistrate to furnish to the accused a copy of the FIR recorded under Section 154 (1) CrPC.
  • The information received under section 154 (1) CrPC is termed as FIR.

Fundamentals of FIR:

  • It is a piece of information given to the police officer.
  • The information must relate to a cognizable offence.
  • It is a piece of information reported first in point of time.
  • It shall be reduced to writing by the officer in charge of the police station or under his direction, if given orally.
  • It shall be read over to the informant.
  • It shall be signed by the person giving the information.
  • A copy of the information as recorded under Sub- section (1) of Section 154 shall be given forthwith, free of cost, to the informant.
  • If an officer in charge of a police station refuses to record the information, the informant may send the substance of such information, in writing and by post, to the Superintendent of Police.

Quashing of FIR

  • An FIR can be quashed by the High Court under Section 482 of the CrPC.
  • The aforementioned provision renders an inherent power to a High Court to meet the ends of justice.
  • A petition for quashing an FIR and related proceedings against the accused must be filed before the respective High Court having competent jurisdiction.
  • It is quashed when the Court finds the FIR lodged on frivolous or malafied grounds.
  • The Supreme Court has the supervisory jurisdiction to quash an FIR under Articles 136 and 142 of the Constitution of India, 1950.

Guidelines in the State of Haryana & Ors. v. Bhajan Lal & Ors. (1992)

The following parameters were laid down by court for quashing FIR:

  • Where the allegations do not prima facie constitute any offence or make out a case against the accused.
  • Where the allegations do not disclose a cognizable offence.
  • Where the evidence collected in support of the information do not disclose the commission of any offence and make out a case against the accused.
  • Where, the allegations in the FIR do not constitute a cognizable offence but constitute only a non-cognizable offence no investigation is permitted by a police officer without an order of a Magistrate as contemplated under Section 155(2) of the Code.
  • Where the allegations made in the FIR or complaint are absurd and inherently improbable.
  • Where there is an express legal bar or different procedure engrafted in CrPC or any Act regarding institution and continuance of the proceedings.
  • When maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge.