Quashing of FIR After Filing of Charge Sheet: Legal Perspective and Judicial Precedents Author: Advocate Abhishek Jat

 

Quashing of FIR After Filing of Charge Sheet: Legal Perspective and Judicial Precedents

Author: Advocate Abhishek Jat

The issue of whether an FIR can be quashed after the filing of the charge sheet during the pendency of a petition has been a subject of significant judicial interpretation. Many litigants and legal practitioners are often perplexed about the legal standing of such cases. However, the Supreme Court has clarified that the High Court retains its inherent jurisdiction under Section 528 of the Bhartiya Nagarik Suraksha Sanhita (BNSS) (equivalent to Section 482 of the CrPC) to quash an FIR even after the charge sheet has been filed.

Judicial Interpretation and Precedents

In Mamta Shailesh Chandra v. State of Uttarakhand & Ors., the Supreme Court observed that the mere filing of a charge sheet does not preclude the High Court from exercising its inherent powers. It held that the court must assess whether the allegations, as set forth in the FIR and subsequent charge sheet, establish a prima facie case against the accused. If no case is made out, the High Court is well within its jurisdiction to quash the proceedings to prevent an abuse of process.

A similar stance was reiterated in Joseph Salvaraj v. State of Gujarat & Ors., where the Supreme Court emphasized that the High Court’s power to quash an FIR is not automatically extinguished merely because a charge sheet has been filed. Instead, the High Court must scrutinize whether the ingredients of the alleged offense are prima facie satisfied based on the FIR, charge sheet, and other supporting documents.

High Court’s Inherent Powers

Under Section 528 BNSS (previously Section 482 CrPC), the High Court possesses inherent jurisdiction to prevent the abuse of the legal process. The Supreme Court, in Kailashben Mahendrabhai Patel & Ors. v. State of Maharashtra & Anr., reaffirmed that there exists no legal bar preventing the High Court from quashing criminal proceedings even after the charge sheet has been submitted. The Court ruled that the principle of justice necessitates that cases devoid of merit or motivated by mala fide intent be terminated at the earliest stage possible, whether at the FIR stage or after the charge sheet is filed.

In Anand Kumar Mohatta v. State (Govt. of NCT of Delhi), the Supreme Court further elaborated that allowing an application for quashing at the FIR stage but not after a charge sheet has been filed would be an unjust and illogical approach. The Court reasoned that an FIR that constitutes an abuse of process does not become legitimate merely because it has culminated into a charge sheet. On the contrary, the injustice is exacerbated if an unfounded FIR leads to a full-fledged charge sheet and trial.

Conclusion

The judicial pronouncements unequivocally establish that the High Court retains the power to quash an FIR and subsequent charge sheet if the allegations lack merit or are motivated by ulterior considerations. This doctrine is essential to prevent the miscarriage of justice and the unnecessary prolongation of legal proceedings against individuals who should not be subjected to unwarranted prosecution. The inherent powers of the High Court under Section 528 BNSS serve as a safeguard against the arbitrary exercise of prosecutorial authority and ensure that legal proceedings are not used as instruments of harassment.

It is imperative for legal practitioners to meticulously analyze the facts and circumstances of each case before filing a quashing petition. The courts have consistently emphasized that while exercising their inherent jurisdiction, they must strike a balance between preventing abuse of process and ensuring that genuine cases proceed to trial. A mere filing of a charge sheet does not validate an otherwise baseless FIR; rather, it may reinforce the need for judicial scrutiny.

In cases where the FIR is lodged with malafide intent or is based on frivolous allegations, seeking quashing under Section 528 BNSS becomes a necessary legal recourse. The judicial system is duty-bound to uphold the principles of justice and fairness, and the power to quash FIRs post-charge sheet serves as an essential tool to rectify procedural and substantive injustices.