Supreme Court Directs High Courts to Record Crime Nature and Allegations in FIR Quashing Orders

Cause Title: PUSHPENDRA VERSUS STATE OF U.P. & ORS.

Background

The Supreme Court has recently advised the High Courts to adopt a practice of mentioning the contents of the FIR and the nature of the allegations in the order. This practice would be helpful for the Supreme Court to have a fair idea about the proper application of mind at the High Court's end.

Court's Observation

The observation made by a bench of Justice JB Pardiwala and Justice SVN Bhatti recently came in a matter arising out of an Allahabad High Court's Division Bench. The High Court quashed the FIR against the accused persons in an attempt to murder case and other connecting offences, by merely noting that there was a 24 days delay in registering the First Information Report (FIR), without adverting to the contents of an FIR and the allegations contained therein.

Decision

Finding the impugned order to be erroneous, the Court said that delay by itself without anything more cannot be a ground to quash the FIR. The Court observed that at the time of considering the case for quashing of the FIR, the High Court is expected to look into the nature of the crime, the nature of allegations levelled etc.

Key Points

• Delay is one of the factors which the Trial Court may take into consideration while appreciating the overall evidence that may come on record in the course of the trial.
• Delay by itself without anything more cannot be a ground to quash the FIR.
• The High Court is expected to look into the nature of the crime, the nature of allegations levelled etc. while considering the case for quashing of the FIR.
• The High Court should give a fair idea in its order as regards the contents of the FIR and what type of allegations have been levelled in the FIR.

Significance

Resultantly, the appeal was allowed, and the FIR was restored to its number, with a liberty to the Police to proceed further in accordance with law. This judgment highlights the importance of proper application of mind by the High Courts while quashing FIRs.