How to deal False 498a FIR?

you may approach HC for quashing of the FIR if you have sufficient material to show that there is an abuse of process of law.

Dear Querist

As per facts and queries raised, I am of the following view:

The Supreme Court has consistently ruled that the High Courts can quash an FIR against a person if it did not prima facie disclose any offence. Generally High Courts are reluctant to interfere into the proceedings at an interlocutory stage. However, if upon the admitted facts and the documents relied upon by the complainant or the prosecution and without weighing or sifting evidence, no case is made out, the criminal proceedings instituted against the accused are required to be dropped or quashed. Where the allegations in the FIR or the complaint or the accompanying documents taken at their face value, do not constitute the offence alleged, the person proceeded against in such a frivolous criminal litigation has to be saved, ruled the bench. A landmark case i.e. State of Haryana v. Bhajan Lal ( 1992 Supp.(1) SCC 335) may be taken benefit of.

Thus, if the High Court is convinced that the criminal complaint does not disclose a cognizable offence and the continuation of an investigation is not based on sound foundations and would amount to an abuse of power of the police necessitating interference to secure the ends of justice, the high court will exercise its inherent power to quash the proceedings.

More recently, the Hon’ble SC vide its judgment dated February 19, 2009 entitled Sundar Babu & Ors.  Vs  State of Tamil Nadu  in Criminal Appeal No. 773 OF 2003 passed by Dr. Arijit Pasayat.

Thanks & regards.

Rabin Majumder
Advocate & Attorney
for Nu.Delhi.Law.Fora.
At:
Ch. 91, Sh. AK Sen Chambers Block,
Supreme Court of India
New Delhi - 110001

Dear Kiran ji and Rabin ji,

Thank you for the advice.

Rabin ji, you have mentioned:

'Where the allegations in the FIR or the complaint or the accompanying documents taken at their face value, do not constitute the offence alleged, the person proceeded against in such a frivolous criminal litigation has to be saved, ruled the bench.'

I have a court certified copy of the FIR. In the FIR, there are no accompanying documents or statement from independent witnesses or complainat's family member(s). How do I get the complaint and/or accompanying documents submitted along with the FIR or later to the IO by the complainant?

Thanks again.

FIR need not necessarily speak about the evidences relied upon. FIR is not an encyclopaedia. Prima facie the complaint should disclose a cognizable offence, as rightly pointed out by mr.rabin. on bare reading of the compliant, it must disclose cognizable offence. it must contain the ingredients of a penal section in which the FIR is registered.

Dear all,

I am not fully clear yet and need guidance - how should I go about Quashing the false FIR u/s IPC 498a, 323,506 and DP 3/4?

Do I need to collect and submit the accompanying documents/statement from independent witnesses as submitted by the complainant OR the respected High Court would have access to these documents (case file) on their own? I have very clear evidences to prove that the FIR is false and the complainant is abusing the power of court and police. Does the court, in the Quash appeal, go through these evidences? Please guide.

Thank you.

JUST A RECENT CITATION OF BOMBAY HC CAN HELP YOU, IT IS VERY INTERESTING.

THE COURT SAYS FIR SHOULD BE FILED AT THE PLACE WHERE THE LADY WAS HAVING MATRIMONIAL HOME AND NOT FROM ANY OTHER PLACE.

@shashikumar

Please give the reference / citation of mumbai HC...Thanks in Advance....

It is just about week old Judgement and hence still not reported , please visit/ search  Bombay HC site and you will get it.

https://psomani.lawyersclubindia.com/forum/Re-LAWS-NOT-SO-BIASED-REMEDY-TO-FALSE-498A-24252.asp?1=1&offset=1

YOu may find this helpful..............:)

Thank you All. This is very useful for everyone.

@498AVictim - 'Only Chargesheet is considered during Quash Appeal' - does it mean I can apply for Quash only after Chargsheet is filed? The other evidences I have would not be considered at this time?

Thanks in advance.

@498AVictim - '(7) 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'

How is the above point argued when filing Quash Petition? I guess counter evidences etc are produced in the court to prove that the FIR is false and is filed with mala fide intentions and personal grudge. Please confirm.

Thank you.

Hi,

You must have come across 498a amendment petition in RS to prevent its abuse and misuse. Please check the link: https://www.rajyasabha.nic.in (committees -> standing committees-> committe on petitions-> Bills/Petitions-> petitions with the committee)

Do send your appeal to the concerned authority to make necessary ammendments in IPC 498a to prevent its growing abuse and misuse. Many thanks.