Case Note & Summary
The appeal arose from an order of the Allahabad High Court dismissing a petition under Section 482 CrPC for quashing an FIR. The appellant's sister Ms. Rekha married the third respondent on 15.05.2011. She filed a maintenance petition under Section 125 CrPC (V. No.230 of 2014) and an FIR under Section 498A, 406/34 IPC read with Dowry Prohibition Act (Crime No.73 of 2017). In retaliation, the third respondent filed an application under Section 156(3) CrPC alleging that the appellant and others forcibly entered his house and assaulted him with a knife. The Magistrate called for a police report, which on 11.03.2018 stated that the accused never visited the complainant's house and the incident did not occur. Despite this, the Magistrate ordered registration of FIR (Case Crime No.55 of 2018) for offences under Sections 147, 148, 149, 452, 324, 307, 342 and 506 IPC. The appellant sought quashing, which was dismissed by the High Court. During the appeal, the third respondent died and his name was deleted. The Supreme Court noted the police report clearly found the allegations concocted and baseless, filed to mount pressure on the wife. The Court held that continuing the proceedings would be an abuse of process of law and quashed the FIR and all consequential proceedings.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC - Abuse of Process - FIR registered on basis of concocted allegations to mount pressure on wife and family - Police report under Section 156(3) CrPC found no evidence of incident - Held that continuation of proceedings would be abuse of process of law, FIR quashed (Paras 1-8).
Issue of Consideration
Whether the FIR registered against the appellant under Sections 147, 148, 149, 452, 324, 307, 342 and 506 IPC should be quashed when the police report submitted under Section 156(3) CrPC found the allegations to be concocted and baseless.
Final Decision
The Supreme Court allowed the appeal, set aside the High Court order, and quashed the FIR in Case Crime No.55 of 2018 and all consequential proceedings.
Law Points
- Quashing of FIR
- Section 482 CrPC
- Abuse of process of law
- Concocted allegations
- Matrimonial dispute
- Police report negating incident
Case Details
2023 LawText (SC) (4) 122
Criminal Appeal arising out of SLP (Crl.) No. 14422 of 2018
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Nature of Litigation
Criminal appeal against dismissal of petition under Section 482 CrPC for quashing of FIR.
Remedy Sought
Appellant sought quashing of FIR registered against him for offences under IPC.
Filing Reason
Appellant was implicated in a false FIR filed by his sister's husband to mount pressure in matrimonial disputes.
Previous Decisions
High Court of Allahabad dismissed the petition under Section 482 CrPC; Magistrate ordered registration of FIR despite police report negating the incident.
Issues
Whether the FIR should be quashed when the police report under Section 156(3) CrPC found the allegations to be concocted and baseless.
Submissions/Arguments
Appellant argued that the FIR was based on concocted facts to pressure his sister and family, and the police report supported this.
Respondents did not appear or contest the appeal.
Ratio Decidendi
When a police report under Section 156(3) CrPC clearly finds that the allegations are concocted and baseless, and the FIR is filed to mount pressure in a matrimonial dispute, continuing the proceedings would be an abuse of process of law, warranting quashing under Section 482 CrPC.
Judgment Excerpts
the report which had been called for by the Magistrate had been submitted on 11.03.2018 whereunder it has been clearly observed that after investigation it was found that applicant (third respondent herein) on the basis of concocted and baseless facts to mount pressure on his wife and his family members had filed the application
none in the village where the complainant resided have testified about the presence of the appellant and his family members or they having visited the village
Procedural History
The third respondent filed an application under Section 156(3) CrPC before the Additional Chief Judicial Magistrate-I, Gautam Budh Nagar. The Magistrate called for a police report which was submitted on 11.03.2018 opining that the incident did not occur. Despite this, the Magistrate ordered registration of FIR on 03.05.2018. The appellant filed a petition under Section 482 CrPC before the Allahabad High Court, which was dismissed on 30.05.2018. The appellant then filed the present appeal by special leave before the Supreme Court.
Acts & Sections
- Code of Criminal Procedure, 1973 (CrPC): 125, 156(3), 482
- Indian Penal Code, 1860 (IPC): 147, 148, 149, 452, 324, 307, 342, 506, 498A, 406/34
- Dowry Prohibition Act, 1961: 3, 4
