The View Of The Supreme Court On Quash Petitions

The moment a 498A is filed, there is a tendency to run to the courts with a quash petition. Here are the views of the Supreme Court on quash petitions.

Read this judgment (pdf): SC: HCs Have To Be Cautious In ‘Dowry’ Cases

“Before considering the matter, the principles required to be considered a prayer for quashing the F.I.R will have to kept in mind. The Supreme Court in the case of State of Karnataka Vs. Bhajan Lal reported in AIR 1992 S.C 604 disapproved the tendency in scuttling investigation and observed as follows:“The investigation of cognizable offense is the field exclusively reserved for the police officers whose powers that field are unfettered so long as the power to investigate into cognizable offenses is legitimately exercised in strict compliance with the provisions falling under chapter XII of the code and the Courts are not justified in oliberating the track of investigation when the investigation agencies are well within the legal bounds as afore mentioned . Indeed a noticable feature of the scheme inder Chapter XIV of the code is that a Magistrate is kept in picture at all teh stages of the police investigation but he is not authorised to interfere with the actual investigation or to direct the police how the investigation is to be conducted . But if a police officer transgresses the circumscribed limits and improperly and illegally exercises his investigatory powers in breach of any statutory provision causing serous prejudices to the personal liberty and also property of a citizen , then the court on being approached by the person aggrieved for the redress of any grievence , has to consider the nature and extent of the breach and pass appropriate orders as may be called for without leaving the citizens to the mercy of the police echleons since human dignity is a dear value of consitution. It needs no emphasis that no one can demand absolute immunity even if he is wrong and claim unquestionable right and unlimited powers exercisable upto unfathomable cosmos. Any recognition of such power willbe tantamount to recognition of “Devine Power” which no authority on earth can enjoy.

In the same decision it was observed by the supreme court that where allegations in the First information report and other material any accompanying the FIR do not disclose a cognizable offense justifying an investigation by police officers under sec 156(1) of the code of, the power u/s 482 of the Cr. P.C> should not be exercised. It is observed that where in allegations made in the FIR or the complaint are so absurd and improbably on the basis of which no prudent person can ever reach a conclusion that there is sufficient ground for proceeding against the accused, then also intervention by court is also permissible.”

I pulled this from the Pandurang Katti Quash judgment

A quash can also occur in the event of lengthy police investigations.

SC: Right To Speedy Trial Includes Lengthy Police Investigations



2 Responses to “The View Of The Supreme Court On Quash Petitions”

  1. 1 D.S.Dhanraj January 20, 2009 at 10:59 am

    Dear Friends,

    Iam D.S.Dhanraj Iam the one of the victim 498A, I request you all to share the judgments of 498A so that it may use to us. Early we use to share the judgements copy for maintance.

    With regards
    BBS Units of Raksha
    6-1-121 1st floor
    Padhma rao nagar,
    opp to Gandhi Hospatial
    Secunderbad -25


  2. 2 Simon (Ajay) August 4, 2010 at 2:42 am

    …killer(s) hide behind Dowry Act!
    – Simon (Ajay)


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Some Interesting Stats On Arrests Of Women

In 1930, the British govt arrested 17,000 women for their involvement in the Dandi Yatra (Salt March). During 1937 to 1947 (10 Years), they arrested 5,000 women involved in the freedom struggle. From 2004 to 2006, the govt of India arrested 90,000 women of all ages under 498A. On the average, 27,000 women per year are being arrested under this flawed law. These are stats from the NCRB.

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The family of the writer was tortured by the Indian Police in an attempt to extort over a $100,000 by holding them in custody for over a week. The police, in cahoots with the magistrate and the PP, did this due to the ridiculous allegations made in a 498A case by his embittered ex-wife. She filed the case years after he and his family had last seen her. Thousands of 498A cases are filed each year in India by women seeking to wreak vengeance on their husbands and in-laws. Enormous sums are extorted from intimidated families implicated in these cases by corrupt Indian police officers and elements of the Indian judiciary. The author and his family haven't bribed any public official nor have they given in to the extortion. This blog aims to raise awareness of due process in India. The content of this blog constitutes, opinions, observations, and publicly available documents. The intent is not to slander or defame anyone or any institution and is the manifestation of the author's right to freedom of expression – with all the protections this right guarantees.

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