Pratibha Vs. Rameshwari Devi & Ors
Coram: A.K. MATHUR , TARUN CHATTERJEE
2007(9 )SCR1038 2007(11 )SCALE174 2007(11 )JT122
Code of Criminal Procedure, 1973 : s. 482-Inherent Power of High Court-In quashing FIR-Scope and ambit of-Held : Power u/s 482 has to be exercised sparingly and in the rarest of rare cases-While exercising such power, Court cannot quash FIR by going beyond the allegations made in FIR or by relying on extraneous considerations viz. on the Report of the Police investigation. ss. 173(2) and 482-Investigation Report-Direction of High Court to file the same before it-In exercise of its power u/s 482 Cr.P.C.-Held : Such direction is beyond the power of High Court-Such Report has to be forwarded to the concerned Magistate. Court Proceedings-Civil vis-a-vis Criminal proceedings-Held : Both the proceedings are separate and independent-Pendency of civil proceeding cannot bring a criminal proceeding to an end-Even if both arise out of the same set of facts. Appellant was married to respondent No. 2. Appellant left her matrimonial home. Thereafter, respondent No. 2 (husband) filed a petition for divorce. Six months after leaving the matrimonial home, and also after filing of the divorce petition, appellant (wife) lodged an FIR alleging offences u/s 498A and 406 IPC against the respondents. Respondents seeking quashing of the same in application u/s 482 Cr.P.C. During pendency of the petition, final Investigation Report was submitted to the High Court. High Court on the basis of the Report concluded that no offence u/s 498A and 406 IPC was made out, and it also held that quashing was necessary in view of pending divorce petition. The question for consideration, in appeal to this Court was (1) whether the High Court, while quashing the FIR in exercise of its inherent powers u/s 482 Cr.P.C. was entitled to go beyond the complaint? (2) whether High Court was entitled to look into and consider the Investigation Report for quashing the FIR, even before the same could be filed before the concerned Magistrate?
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