LegalFirms.in
LegalFirms.in Judgments · legalfirms.in/judgments/munshiram-vs-state-of-rajasthan-and-anr-etc-20180409/ · Printed 07 Nov 2026
Criminal · Reportable judgment

Munshiram vs State of Rajasthan and Anr. etc.

Court
Supreme Court of India
Date
9 April 2018
Case No.
Criminal Appeal Nos. 515-516 of 2018
Result
Allowed
Bench
N.V. Ramana, S. Abdul Nazeer
Citation
[2018] 3 S.C.R. 847 : 2018 INSC 315
Supreme Court Reports [2018] 3 S.C.R. 847 : 2018 INSC 315
Headnote

Code of Criminal Procedure, 1973 – s.482 – Scope of – Quashing of FIR alleging abetment of suicide – FIR lodged against respondents by the father of the deceased alleging that his daughterin-law and her family harassed his son and the entire family which ultimately led him committing suicide – As per the FSL report, the handwriting of the deceased and the handwriting as present in the suicide note had similarities – High Court quashed the FIR on the ground that the alleged offence of abetment of suicide was not made out – On appeal, held: s.482 has to be utilized cautiously while quashing the FIR – In the instant case, High Court prematurely quashed the FIR – The court abridged the investigation which needed to ascertain certain factual assertions made in the FIR concerning the existence or non-existence of any prior mental condition of the deceased prior to the commission of suicide – Since, the enquiry was pending and there were aspects which required investigation, impugned order is set aside – Investigating Authorities directed to complete investigation – Penal Code 1860 – s.306 – Investigation.

Allowing the appeals, the Court

HELD: 1. The High Court has prematurely quashed the FIR without proper investigation being conducted by the Police. This court in a catena of cases has quashed FIR only after it comes to a conclusion that continuing investigation in such cases would only amount to abuse of the process. The FSL report categorically states that the handwriting of the deceased and the handwriting as present in the suicide note has similarities. The enquiry was pending and there are aspects which may require investigation, the High Court erred in quashing the FIR at the threshold itself without allowing the investigation to proceed. The reasons provided under the impugned judgment concerning certain factual assertions made by the Respondents as to the condition of the deceased and reasons for committing suicide cannot be accepted because acceptance of the said would not be in consonance with the settled jurisprudence under Section 482 of CrPC. The investigative authorities are directed to complete the investigation with promptness and to take it to its logical conclusion. [Paras 11, 12, 13 and 15][851-E-G; 853-A-B, D]

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

The Judgment of the Court was delivered by N. V. RAMANA, J. 1. Leave granted. 2. These appeals are directed against the final judgment and order, dt. 15.04.2015, passed by the High Court of Judicature for Rajasthan, Jaipur Bench, Jaipur in S.B. Criminal Miscellaneous Petition Nos. 2372 of 2014 and 3508 of 2014, wherein the High Court quashed the FIR No. 318 of 2013 filed under Section 306 of IPC. 3. Before we analyse the case at hand, it would be necessary to observe the facts of this case which gave rise to the aforesaid FIR. The deceased son of the Appellant herein (Brijesh Singh) got ma
Full text available to subscribers
Subscribe to access complete judgment text, daily digests, and AI-powered legal research tools. For informational and research purposes only.
View Subscription Plans →
Annual plans from ₹1,599 + GST.

This page is for informational and research purposes only and does not constitute legal advice. Consult a qualified advocate for advice specific to your situation.

All SC judgments →