Shivani Gadhavi
Published On: February 14, 2022 at 17:47 IST
The Andhra Pradesh High Court on February 9, 2022 observed that a First Information Report (FIR) cannot be Quashed under Section 482 (Saving of inherent powers of High Court) of the Code of Criminal Procedure, just on the basis of the fact that it was filed as a counter blast.
The Andhra Pradesh High Court Single Judge Bench of Justice Cheekati Manavendranath Roy was hearing a Criminal Petition filed under Section 482 of the Code of Criminal Procedure by Accused persons in a case, who sought Quashing the First Information Report filed against him.
The matter is pertaining to the case wherein the De Facto Complainant had filed a Complaint against current Petitioners for attacking and beating him and also outraging the modesty of his wife.
Accordingly, charges of Offences punishable under Sections 506 (Criminal Intimidation), 354 (Assault or Criminal force to woman to outrage her modesty), 323 (Voluntarily causing hurt), 324 (Voluntarily causing hurt by dangerous weapons or means) and 341 (wrongful restraint) of the Indian Penal Code were filed against the current Petitioners (Accused).
The Counsel for the Petitioners, submitted that earlier the current Petitioners had filed a Complaint against the De Facto complainant and as a consequence of that the De Facto Complainant filed the First Information Report (FIR) against the current Petitioners, on the basis of false Accusations.
In this regard the High Court observed that, “There are clear Allegations that the Petitioners have beat the De Facto Complainant and also his wife and a clear Allegation of outraging the modesty of wife of the De Facto Complainant was also made. These Allegations Prima Facie constitute Offences punishable under Sections 341, 323, 324, 354, 506 r/w 34 IPC for which the F.I.R was registered.”
Furthermore, the High Court ruled that, “The mere fact that after the Case was registered against the Petitioners on the report lodged by the De Facto Complainant that the present report was lodged against them as a counter blast by itself cannot be a ground to Quash the F.I.R.”
Hence, the Single Judge High Court Bench dismissed the Criminal Petition of the Accused persons while stating that, “There are no valid Legal grounds emanating from the record warranting interference of this Court under Section 482 Cr.P.C to Quash the F.I.R at this stage.”