Case Note & Summary
The applicant, Yogeshbhai Daulatram Khandelwal, filed a criminal miscellaneous application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR I-CR No.66/2018 registered with Isanpur Police Station for an offence punishable under Section 380 of the Indian Penal Code, 1860. The FIR was lodged on 04.06.2018 by the respondent no.2, who is the wife of the applicant's brother, alleging that the applicant, being the brother-in-law (jeth), had visited the house of the complainant's mother-in-law, taken her to his house in Surat, and on the next day returned with a duplicate key of the cupboard and committed theft of ornaments worth Rs.54,000/-. The alleged incident occurred about 8 years prior to the filing of the FIR. The applicant contended that the complainant and applicant are close relatives, and the mother-in-law of the complainant died on 25.07.2011. Due to a family dispute over properties, the false FIR was lodged to pressurize the applicant. The court heard learned advocate Mr. Atit Thakore for the applicant, learned APP Mr. Ronak Rawal for the state, and learned advocate Ms. Shivangi Rana for the respondent no.2. The court observed that the FIR was lodged after an inordinate delay of 8 years without any explanation for the delay. The court held that such unexplained delay vitiates the FIR and amounts to an abuse of the process of law. Consequently, the court allowed the application and quashed the FIR and all consequential proceedings.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Inordinate Delay - Section 482 CrPC - FIR under Section 380 IPC was lodged 8 years after the alleged theft without any explanation for the delay - Court held that unexplained delay of 8 years vitiates the FIR and amounts to abuse of process of law - FIR quashed (Paras 1-6).
Issue of Consideration
Whether the FIR registered after an inordinate delay of 8 years without any satisfactory explanation should be quashed as an abuse of process of law.
Final Decision
Application allowed. FIR I-CR No.66/2018 registered with Isanpur Police Station and all consequential proceedings are quashed.
Law Points
- Inordinate delay in lodging FIR
- lack of explanation for delay
- quashing of criminal proceedings
- abuse of process of law
- Section 482 CrPC
