False FIR : Indian Law On Quashing Criminal Proceedings

False FIR’s due to enimosity or politically motivated, filed with vengeance and aimed at misusing law enforcement system to harass and vilify is at times a reality.The accused is the victim in such cases. Once an FIR is lodged and the law enforcement machinery sets in motion, life of the accused is primarily engulfed in the lengthy process of exonerating himself in the eyes of law.

In cases of false implications one of the the legal recourse and a life saving option available to the accused is to approach HighCourt to quash the criminal proceeding by rejecting it as invalid. The criminal law, in cases of less serious offences categorised as compoundable, allows the opposite parties (accused, victim) to settle an ongoing legal proceeding amongst themselves, whereas in case of FIR alleging serious offences , the law prohibits settlement between the parties and the accused needs to approach the High Court with plea to quash the FIR.

The High Court can quash an FIR in exercise of its power under Article 226 of Constitution of India read with Section 482 of Indian Criminal Procedure Code.The Constitution of India confers High Courts with a vital power to issue writs as a safeguard upholding the rights and liberties of the people. Writ Petitions to High Courts are an effective recourse against illegal exercise of power by the administrative authorities. Under Article 226 a High Court is empowered to issue direction , order or various writs to any authority, quasi judicial or administrative. While Section 482 of Indian Criminal Procedure Code deals with inherent power of High Court, which is in the nature of extraordinary power for preventing an abuse of the process of court and for securing the ends of justice.

When an accused approaches the High Court to quash the criminal proceedings against him, the burden to prove the falsity of such case lies on him. The accused has to establish prima facie that the criminal proceedings against him were initiated with a view to harass him.

So, At what stage of a criminal proceeding can a petition for quashing it be filed before the High Court?

The High Court has the power to interdict a proceeding not only at the threshold but also at the intermediate stage of the trial. The Hon’ble Supreme Court in it’s 2018 judgement in the case of Anand Kumar Mahatta and Anr Versus State (Govt of NCT of Delhi) Department of Home And Anr , clarified that

“there is nothing in the words of Section 482 of Criminal Procedure Code, which restricts the exercise of the power of the Court to prevent the abuse of process of court or miscarriage of justice only to the stage of FIR. It is settled principle of law that the High Court can exercise jurisdiction under section 482 Criminal Procedure Code even when the discharge application is pending before the trial court. Indeed, it would be a travesty to hold that proceedings initiated against a person can be interfered with at the stage of FIR but not if it has advanced and the allegations have materialised into chargesheet. On the contrary it could be said that the abuse of process caused by FIR stands aggravated if the FIR has taken the form of a chargesheet after investigation” .

Hence, a petition to quash FIR can be filed even after the chargesheet is filed. Although the jurisdiction to quash criminal proceedings against person/s exists in High Courts and is wide in scope , in practice it is exercised in exceptional cases. In State of Haryana and Ors versus Ch. Bhajan Lal And Ors (1990 SCR Supl. (3) 259) the Supreme Court laid down the categories of cases wherein the High Court can exercise extraordinary power under Article 226 of Constitution and Section 482 of Criminal Procedure Code. Accordingly, quashing a proceeding under criminal law is considered when FIR and materials accompanying lead to following conclusion;