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.
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