Criminal lawyer: FIR quashing, the High Court cannot quash the FIR by looking at contradictions in the statement of the witnesses.

Supreme Court of India

Justice Abhay Manohar Sapre

The quashing of FIR by the High Court cannot be done by merely appreciating the contradictions in the statement of the witnesses recorded by the police under section 161 CrPC. In section 482 CrPC the high court cannot appreciate the alleged contradictions in the statement of the witnesses recorded by the police, the said exercise cannot be done by the high court in the jurisdiction under section 482 CrPC.

The high court while exercising jurisdiction under section 482 CrPC has to see whether on the allegations made by the complainant the offence has been made out or not against the accused persons, the High Court cannot enter into exercise of appreciating the veracity of the statement recorded under section 161 CrPC by the police in the said petition.

In the case titled as "Alauddin Khan versus state of Bihar" the supreme court set aside the order of the high court quashing FIR on the petition of the accused on the basis of contradictions in the statement of the witnesses. The supreme court further held in the said case that when there is pendency of civil proceedings between the parties, the same is not a ground to quash criminal proceedings. The Appeal was accordingly allowed.