Supreme Court Sets Aside Delhi High Court Order in 498A FIR Case; Restores Plea for Quashing

New Delhi:
The Supreme Court has set aside an order of the Delhi High Court which had dismissed a writ petition seeking quashing of an FIR lodged under Sections 498A and 406 read with Section 34 of the Indian Penal Code, holding that the High Court committed a gross and patent error by refusing to examine the merits of the challenge.

The ruling came in Raj­nish Kumar Biswakarma v. State of NCT of Delhi & Anr., arising out of SLP (Criminal) No. 5290 of 2024, wherein the appellant-husband was accused pursuant to an FIR registered on 8 May 2019 at the instance of his wife.

Before registration of the FIR, the appellant had approached the Family Court under Section 12 of the Hindu Marriage Act, 1955, seeking a declaration of nullity of marriage. Although an earlier writ petition for quashing the FIR was withdrawn in November 2020, the Family Court subsequently passed a decree of nullity on 23 June 2021.

Thereafter, the appellant again approached the Delhi High Court seeking quashing of the FIR, contending inter alia that the criminal proceedings were an abuse of the process of law, having been initiated after the matrimonial proceedings were set in motion.

However, by its order dated 7 November 2023, the High Court dismissed the writ petition without examining its merits and directed the Trial Court to consider the decree of nullity and the appeal filed against it at the stage of framing of charge.

Disapproving the High Court’s approach, the Supreme Court observed that directing the Trial Court to consider documents not forming part of the charge-sheet at the stage of framing of charge was contrary to settled law.

Relying on State of Orissa v. Debendra Nath Padhi (2005) 1 SCC 568, the Court reiterated that at the stage of framing of charge or considering discharge, the Trial Court cannot look into documents beyond the charge-sheet.

The Court further noted that the High Court failed to examine the challenge to the FIR on merits under Section 482 CrPC, rendering its order legally unsustainable.

Rejecting the submission of the Additional Solicitor General that a challenge to an FIR must be raised at the inception itself, the Supreme Court clarified that:

An accused can seek quashing of an FIR or criminal proceedings at any stage of the proceedings under Section 482 CrPC or Article 226 of the Constitution, subject to the discretion of the High Court.

The Court categorically held that a quashing petition cannot be dismissed solely on the ground of delay or earlier withdrawal.

Relief Granted

Accordingly, the Supreme Court has Set aside the Delhi High Court’s order dated 7 November 2023; Restored Writ Petition (Criminal) No. 696 of 2022 to the file of the Delhi High Court; Directed that the petition be listed before the Roster Bench on 17 December 2024;  Ordered continuation of the interim protection granted on 10 April 2024 till disposal of the writ petition and the Court clarified that all issues are left open to be decided by the High Court.

The judgment reinforces two crucial principles that High Courts must examine FIR-quashing petitions on merits, especially when abuse of process is alleged; and Quashing jurisdiction is not confined to the inception stage of criminal proceedings.