Can Complaints/ FIR filed by Wife be quashed?
Yes, Complaints/ FIR filed by wife against husband or husbands’s family memners/ friends can be quashed.
Hon’ble High Court of Delhi in RAJA BERWA & ORS v. STATE & ANR observed that FIR For Non-Compoundable Offences Can Be Quashed In Matrimonial Disputes If Court Satisfied That Parties Settled Disputes Amicably:
Justice Chandra Dhari Singh observed thus:
“Even in non- compoundable offences pertaining to the matrimonial disputes, if Court is satisfied that parties have settled the disputes amicably and without any pressure, then for the purpose of securing ends of justice, FIRs or complaints or subsequent criminal proceedings in respect of offences can be quashed.”
Moreover, Hon’ble Supreme Court of India further held in Abhishek Vs State of Madhya Pradesh that It is well settled that the High Court would continue to have the power to entertain and act upon a petition filed under Section 482 Cr.P.C. to quash the FIR even when a chargesheet is filed by the police during the pendency of such petition [See Joseph Salvaraj A. vs. State of Gujarat and others {(2011) 7 SCC 59}]
Courts are of the opinion that the said criminal proceedings in respect of non-compoundable offences are private in nature and do not have a serious impact on the society especially when there is a settlement/compromise between victim and accused or husband and wife. In such cases, it is settled law that High Court is also required to consider the conduct and antecedents of the accused in order to ascertain that the settlement has been entered into by her own free will and has not been imposed upon her by the petitioner or any person related to him.
The Code of Criminal Procedure, 1973, elucidates inherent powers of High Court under Section 482 as follows:
Section 482 enumerates that a High Court has got the power to act in any manner in order to make the two ends of justice meet.
Under this section, a High Court has the power to quash an FIR if it thinks that the FIR which has been lodged is a false one and was done with malicious intention to trouble the aggrieved person.
If any person has been implicated and accused of a non-compoundable offence then he can approach a High Court and file a Writ Petition under Article 226 of the Indian Constitution read with Section 482 of CrPC.
The burden of proof is on the petitioner to prove that he FIR has been lodged only for malicious reasons and to trouble the petitioner.
Although the Apex Court in its landmark judgment in Madhu Limaye vs the State of Maharashtra, has laid down some very important principles which modulate the exercise of the powers of Section 482 CrPC by the court:
The exercise of powers under Section 482 CrPC for FIR quashing is not to be resorted to if there is a specific provision in code to redress the grievances of the aggrieved party.
Powers under Section 482 CrPC for quashing should be exercised sparingly and to ensure the abuse of process of any Court or otherwise to secure ends of justice.
The powers under Section 482 CrPC should not be exercised for quashing against the express bar of the law engrafted in any other provision of the code.
Grounds for Quashing FIR
The Supreme Court of India in the matters of Sundar Babu & Ors vs. State of Tamil Nadu and State of Haryana vs Bhajan Lal has issued some important guidelines as to the grounds and conditions for quashing of an FIR under Section 482 CrPC. The said grounds are listed below:
Where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused.
Where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused.
Where the allegations in the first information report and other materials, if any, accompanying the FIR do not disclose a cognizable offence, justifying an investigation by police officers under Section 156(1) of the Code except under an order of a Magistrate within the purview of Section 155(2) of the Code.
Where the allegations in the FIR do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated under Section 155(2) of the Code.
Where the uncontroverted allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused.
Where there is an express legal bar engrafted in any of the provisions of the code or the concerned Act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the code or the concerned Act, providing efficacious redress for the grievance of the aggrieved party.
Where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge.