SC okays quashing of FIRs after charge sheet during pendency of case
NEW DELHI: In an order which has far-reaching impact, the Supreme Court has held that high courts could entertain petitions seeking quashing of FIR even if the charge sheet is filed during the pendency of the case.
A bench headed by Justices S A Bobde and L Nageshwara Rao quashed the FIR filed against Anand Kumar Mohatta pertaining to a property in Lutyen’s Delhi. Mohatta entered into an agreement with Ansal Properties and Infrastructure Pvt Ltd for the development of the property. However, due to changing bye laws, the construction could not happen.
The bench, in its order, clarified that high courts has power under section 482 of CrPC and held that, “There is nothing in the words of this section which restricts the exercise of the power of the court to prevent the abuse of process of court only to the stage of the FIR. Indeed, it would be a travesty to hold that proceedings initiated against a person can be interfered with at the stage of FIR but not if it has advanced, and the allegations have materialized into a chargesheet (sic).”
The bench observed that the dispute is of a civil nature, and not a criminal one.