FIR Shouldn’t Be Quashed When Facts Are Hazy: HC

Srinagar—In keeping with the scope of section 561-A Cr.PC, the High Court should refrain from making prima facie decision at interlocutory stage when entire facts of the case are incomplete and hazy, its single bench has ordered. Section 561-A Cr.PC gives it inherent powers to quash an FIR.

A bench of Justice Ali Mohammad Magrey made the observation while dismissing a petition, filed by one Ashiq Hussain Bhat, seeking quashment of FIR no.  04/2018 filed on January 6 in Police Station Kulgam u/s 498-A, 392, 354 and 342 RPC.

In his plea, Ashiq said that he entered in marital relationship with woman, respondent no. 2 in his petition and the relation no more exists as he have divorced her on 18 June 2015. 

The woman in the complaint submitted before Judicial Magistrate Kulgam has alleged that she beaten by Ashiq in wrongful confinement and golden ornaments were snatched and cloths torn.  Magistrate on examination of the complaint directed the police to investigate  the matter and report compliance on January 9.

Ashiq submitted that instead of enquiring about the matter, the police registered a case (FIR no. 04/2018) which according to him was not the scope of the magistrate’s order. He contended that the magistrate had only asked to enquire into the matter and report compliance, therefore, there was no scope for the police to register the case.  Ashiq had challenged  FIR on the basis  that the parties are facing civil and criminal proceedings  before the Women’s Commission Forum for violating  terms and conditions of  the compromise and second divorce deed. He said no offence has been committed by him as registered by the Police.

“While keeping in view the scope of section 561-A Cr.PC the Court should refrain from making prima facie decision at interlocutory stage when entire facts of the case are incomplete, hazy and more so, when material evidence is yet to be collected and issues involved could not be seen in their true perspective,” the court said, adding that it prima facie appears that the allegations contained in the FIR relate to the offences which are cognizable and non-cognizable and “warrant investigation.” Subsequently, the court demised Ashiq’s plea as meritless. 

However, the court said that dismissal of the petition shall not come in the way Ashiq to seek bail from the competent court. The court also ordered that Ashiq shall not be arrested till two weeks.

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