FIR Can Be Quashed Only If Uncontroverted Allegations Do Not Make Any Offence; Court Cannot Make Roving Enquiry: Madhya Pradesh HC
|The Madhya Pradesh High Court observed that an FIR can be quashed by invoking power under Section 482 CrPC only if the uncontroverted allegations do not make any offence.
The dismissed a petition seeking the quashing of an FIR under Section 420, 465, and 468 of the Indian Penal Code, 1860.
A Bench of Justice Anil Verma noted, “Although this Court cannot make roving inquiry at this stage, but if the uncontroverted allegations do not make any offence, only then this Court can quash the FIR.”
Advocate L.C. Patne appeared for the Petitioners and Advocate Hemant Sharma appeared for the Respondents.
The allegation against the accused-petitioners was that there was misrepresentation of income while obtaining an Other Backward Classes (OBC) caste certificate, leading to the cancellation of the certificate and initiation of criminal proceedings.
The petitioners argued that they were innocent and have been falsely implicated, emphasizing that essential elements for the charges are not fulfilled.
The Court, however, rejected the petitioners' arguments. It noted, “The law is well settled that the jurisdiction of this Court under Section 482 of Cr.P.C. is wide enough and that if the proceedings are going to result in abuse of process of the Court, then the High Court in exercise of powers under Section 482 of Cr.P.C. can quash such proceedings and nothing will come in the way.”
The Court cited precedent and asserted that it cannot make a roving inquiry at this stage. The Court added, “it is clear that although this Court cannot make roving inquiry at this stage, but if the uncontroverted allegations do not make any offence, only then this Court can quash the FIR. The allegations made against the petitioners established prima facie case punishable under Section 420, 465 and 468 of the IPC. Therefore, the claim of the petitioners that there is no evidence available against them, cannot be accepted at this stage.”
The Court dismissed the petition, stating that no case was made out for quashing the FIR, charge sheet, and the impugned order passed by the trial court.
Cause Title: Utkarsh Verma & Anr. v. The State of Madhya Pradesh Station House Officer & Anr.
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