Quashing FIRs on whim endangers criminal justice integrity: HC

Srinagar, July 12: The High Court of J&K and Ladakh has held that the criminal justice system is likely to become causality and the society at large would have to bear the consequences in case FIRs and criminal cases are allowed to be quashed at the wish of the complainants or the accused.

A bench of Justice Muhammad Yousuf Wani said this while allowing a petition seeking to scrap an FIR that was registered at the Police Station in Nowabad, Jammu, under Section 498-A of the Indian Penal; Code (IPC) in 2021.

The court observed that an FIR and the consequent charge report culminating from the investigation could not be generally and routinely allowed to be quashed in the exercise of the powers under Section 482 of the Code on the mere ground that the parties have settled their controversy that had become the cause of the occurrence.

“In case the FIRs and the criminal cases culminating from the investigations are allowed to be quashed at the wish of the complainants and or accused, the criminal justice system is likely to become a causality and the society at large will have to bear the consequences,” it said.

The court underscored that the provisions of Section 320 of the Code do not restrict the powers of the court vested in it under Section 482 of the Code to quash the FIR.

“Consequent investigation process in exceptional circumstances for furthering the cause of justice, especially in cases where the matrimonial disputes involving two families, are amicably settled after registration of the FIR,” it said.

“The provisions of Section 320 of the Code of 1973 corresponding to Section 359 of the new Code - Bharatiya Nagrik Suraksha Sanhita, 2023 (BNSS) do not restrict but limit and circumvent the powers of this court under Section 482 of the Code corresponding to Section 528 of the new Code (BNSS) regarding quashing of FIRs and criminal proceedings, for the sake of the society at large, which is the real beneficiary of the criminal justice delivery system,” the court said.