The Supreme Court of India.
Credit: PTI File Photo
New Delhi: The Supreme Court has said the High Court can quash a criminal case even after the charge sheet has been filed, while setting aside a Gujarat High Court's order declining to end the proceedings related to 2002 dowry harassment case, despite the parties having severed their marital ties by mutual consent in 2004.
A bench of Justices Dipankar Datta and Ujjal Bhuyan said the High Court under Section 482, CrPC retains the power to quash an FIR, even after charge-sheet under Section 173(2) is filed, provided a satisfaction is reached among others 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.
"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 bench said in a recent order.
The court used its power under Article 142 of the Constitution to do complete justice for quashing the FIR, the charge-sheet and all other proceedings against appellants Shaileshbhai Ranchhodbhai Patel and others.
The Gujarat High Court had in 2005 rejected their plea, observing in view of the filing of the charge sheet, prima facie case having been made out against the appellants, the FIR was not required to be quashed.
The court also noted in the case, the woman- complainant after the divorce in 2004 had remarried and had been blessed with children. Her former husband was also settled abroad.
"Both the complainant and the said appellant are presently based out of India, well settled in their respective lives," the bench said.
The court also noted the complainant has no inclination to have her marital life disturbed is also evident from her non-participation in the present proceedings. That apart, the allegations levelled in the FIR are mostly vague and general in nature, the bench said.