2007 (9) TMI 712 - SC - Indian Laws

High Court Exceeded Jurisdiction in Quashing FIR, Supreme Court Emphasizes Importance of Criminal Proceedings

Pratibha Versus Rameshwari Devi and Ors.

The Supreme Court held that the High Court exceeded its jurisdiction by quashing the FIR under Section 482 of the Code, emphasizing that the High Court ... - Issues Involved:1. Whether the High Court exceeded its jurisdiction by quashing the FIR u/s 482 of the Code.2. Whether the High Court was entitled to consider the investigation report submitted before it.Summary:Issue 1: Jurisdiction of High Court in Quashing the FIR u/s 482 of the CodeThe Supreme Court observed that the High Court had exceeded its jurisdiction by quashing the FIR No. 221 of 2001 in the exercise of its inherent powers u/s 482 of the Code. The High Court relied on extraneous considerations and acted beyond the allegations made in the FIR. The Court emphasized that the High Court must be satisfied that either an order passed under the Code would be rendered ineffective, the process of any court would be abused, or the ends of justice would not be secured. The Court referred to several precedents, including *State of West Bengal v. Swapan Kumar Guha* and *State of Haryana v. Bhajan Lal*, which clarified that if an offence is disclosed, the Court will not normally interfere with the investigation. The High Court was not justified in drawing adverse inferences against the appellant-wife for lodging the FIR on 31st December 2001, despite her leaving the matrimonial home on 25th May 2001, as efforts for settlement were ongoing during this period. The High Court's reliance on the pendency of a divorce petition to quash the FIR was also deemed inappropriate, as criminal and civil proceedings are separate and independent.Issue 2: Consideration of Investigation Report by High CourtThe Supreme Court held that the High Court acted in excess of its jurisdiction by relying on the investigation report submitted by four officers of the rank of Dy. Superintendent of Police, which was neither filed before the Magistrate nor a copy supplied to the appellant. The Court emphasized that it is for the investigating agency to submit the report to the Magistrate, not the High Court. The Court referred to *M.C. Abraham and Anr. v. State of Maharashtra* and *Abhinandan Jha v. Dinesh Mishra*, which established that the Magistrate, not the High Court, is the appropriate authority to receive the investigation report. The High Court's direction to submit the report before it was beyond its power u/s 482 of the Code. The Court reiterated that the High Court should not interfere with the investigation process, which is reserved for the investigating agency until the submission of the report u/s 173(2) of the Code.Conclusion:The Supreme Court set aside the High Court's order quashing the FIR and directed the learned Magistrate to proceed with the case in accordance with the law, emphasizing the need for expeditious disposal of the criminal proceedings. The appeal was allowed, and the High Court's reliance on the investigation report and extraneous considerations was deemed an overreach of its jurisdiction.