Case Note & Summary
The case involves two criminal applications filed under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of two cross FIRs registered on 28.05.2022 at Police Station Arni, District Yavatmal. The applicants in Criminal Application No. 857 of 2022 are Durgadas Dhansing Rathod and others, while the applicants in Criminal Application No. 1122 of 2022 are Shankar Sitaram Rathod and others. Both FIRs arise out of the same incident that occurred at the police station. The court noted that the allegations in both FIRs were vague and lacked specific details regarding the role of each accused. The court observed that continuing with such proceedings would amount to an abuse of the process of law. Accordingly, the court allowed both applications and quashed the FIRs and all consequential proceedings. The court directed that if any of the applicants are in custody, they be released forthwith.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC - Cross FIRs - The court considered whether cross FIRs registered for the same incident can be quashed. Held that while registration of cross FIRs is permissible, the FIRs in question were based on vague allegations and lacked specific details, making them an abuse of the process of law. The court quashed both FIRs to prevent multiplicity of proceedings and harassment of the parties. (Paras 1-10) B) Criminal Procedure Code - Abuse of Process - Section 482 CrPC - Vague Allegations - The court examined the contents of both FIRs and found that they contained omnibus allegations without specific overt acts attributed to each accused. Held that such vague FIRs cannot be allowed to continue as they would lead to unnecessary trial and harassment. The court exercised its inherent powers to quash the proceedings. (Paras 5-9)
Issue of Consideration
Whether the cross FIRs registered against each other by two groups of advocates for the same incident at a police station should be quashed under Section 482 of the Code of Criminal Procedure, 1973.
Final Decision
Both criminal applications are allowed. FIR Nos. 486 of 2022 and 487 of 2022 registered at Police Station Arni, Distt. Yavatmal, and all consequential proceedings, are quashed and set aside. If any of the applicants are in custody, they be released forthwith.
Law Points
- Cross FIRs permissible for same incident
- Quashing of FIR under Section 482 CrPC
- Abuse of process of law
- Vague allegations
- Criminal proceedings quashed
