FIR quashing on the ground of false allegation
Question asked on: 30/03/2017
My neighbour has filed a false FIR case against me whereas he knew that I did not steal his bike which was kept out of his house. However, we are living in a well-gated society. There is good security arrangement so that no one can enter in the premises without permission of resident. In the said FIR he wrote that I stood near his bike and facilitated the thief to steal his bike. There is no other allegation in the FIR against me except that statement, therefore, I want to quash this FIR?
The High Court may quash the lame proceeding under section 482 of the code of criminal procedure in order to secure ends of justice. The High Court may quash the Fir when.
- FIR discloses no specific allegation against the accused towards commission of cognizable offence.
- FIR contains bald allegation against the accused so as to prove commission of cognizable offence.
- Informant wants to harass the accused therefore abused the process of law by filing false FIR.
State of Haryana vs Bhajan Lal, 1992 Supp (1) SCC 335; if allegation in the FIR does not disclose any offence against the accused then the court may quash the FIR. FIR is an information about a cognizable offence and given to the nearest officer in charge of the police station with the purpose to initiate investigation. Therefore, FIR should disclose the ingredients of alleged offence.
The police officer cannot initiate investigation unless the FIR discloses commission of cognizable offence. In case the FIR discloses commission of non-cognizable offence then police officer shall initiate investigation only after taking permission of the Magistrate under section 155 (2) CrPC.
The supreme court has opined that the High Court should exercise its power under Section 482 CrPC very sparingly and cautiously so as to:
- Secure the ends of justice
- Prevent the abuse of process of the court.
In your case the allegation made in FIR is absurd and improbable because no prudent person can reach at conclusion that a person can commit offence only by standing near the bike.
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Shivendra Pratap Singh
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