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| CASES OF INTEREST | |
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| Supreme Court of India: Court's power to quash FIR under CrPC 482,483 | |
| ISSUE: Indian Penal Code - Sections 34, 498(A); Criminal Procedure Code - Sections 482, 483 | |
ISSUE: Indian Penal Code - Sections 34, 498(A); Criminal Procedure Code - Sections 482, 483 |
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| Shakson Belthissor Vs. State of Kerala and Anr. - Jul 6 2009 Case No: Criminal Appeal No. 249 of 2004
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| Q. What is the court's scope and power of quashing an IPC Sec 498A First Information Report and charge sheet under Section 482 of the CrPC? |
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| A. The court's power is exercised to prevent abuse of the process of law. Such a power can be exercised only when the complaint filed by the complainant or the charge sheet filed by the police does not disclose any offence or when the said complaint is found to be frivolous, vexatious or oppressive.
The Magistrate has to carefully scrutinize the evidence brought on record and may question the complainant and his witnesses to elicit answers as to the truthfulness of the allegations or otherwise and then examine if any offence is prima facie committed by all or any of the accused. The respondent's FIR alleged her parents gave appellant Rs 5 lakhs. Subsequently whenever the appellant came on leave, he never came to see the wife causing her to suffer both mentally and physically. On the basis of the said FIR a criminal case was registered and on completion of the police investigation, the police pursuant to IPC 498A submitted a charge sheet. Since the appellant was overseas an arrest could not be made. Therefore police requested the court to issue a warrant of arrest for production of the accused-appellant. The appellant filed under Section 482 of the CrPC before the Kerala High Court to quash the FIR and the charge sheet on the basis Section 498 A IPC did not apply. The High Court, however, without issuing any notice on the said petition rejected it holding the FIR and the charge sheet disclosed the commission of the offence alleged. The 2002 FIR did not allege that subsequent to the 1997 marriage appellant harassed the wife in order to coerce her or any person related to her, to meet any unlawful demand or for any property. Neither in the FIR nor in the charge sheet alleged any ingredient of Section 498A IPC, which could prima facie constitute a case of cruelty as defined in that Section and were quashed. back to the top |
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