Lawstreet Journal

FIR can be quashed if there is abuse of process of law: SC

Lawstreet Journal 3 Mar 2021 9:37pm

Image courtesy: Lawstreet Journal Judiciary FIR can be quashed if there is abuse of process of law: SC

A High Court can quash an FIR, invoking the power given under article 226 of the Indian Constitution, if it is found to be abusive to the due process of law- observed the Supreme Court

The Allahabad High Court dismissed a writ petition which was made by the accused, for quashing of the FIR which was registered under Section 420 and 406 of the Indian Penal Code, 1860.

Justices DY Chandrachud and MR Shah, allowed the appeal observing that Article 226 was designed to make sure that criminal proceedings don’t degenerate into system of harassment.

The Court said, 

“If the subsequent FIR is an abuse of process of law and/or the same has been lodged only to harass the accused, the same can be quashed in exercise of powers under Article 226 of the Constitution or in exercise of powers under Section 482 Cr.P.C. When the Court is satisfied that criminal proceedings amount to an abuse of process of law or that it amounts to bringing pressure upon accused, in exercise of inherent powers, such proceedings can be quashed. As held by this Court in the case of Parbatbhai Aahir v. State of Gujarat (2017) 9 SCC 641, Section 482 Cr.P.C. is prefaced with an overriding provision. The statute saves the inherent power of the High Court, as a superior court, to make such orders as are necessary (i) to prevent an abuse of the process of any Court; or (ii) otherwise to secure… Continue Reading...

Tagged: Supreme Court of India  
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