Section 482 CrPC – There Has To Be Some Factual Supporting Material For FIR Allegations: Supreme Court Quashes Criminal Proceedings
Case: Shafiya Khan @ Shakuntala Prajapati vs State Of U.P.
Coram: Justices Ajay Rastogi and Abhay S. Oka
Case No.: CrA 200 OF 2022
Court Observation: “It is no doubt true that the power of quashing of criminal proceedings should be exercised very sparingly and with circumspection and that too in rarest of the rare cases and it was not justified for the Court in embarking upon an enquiry as to the reliability or genuineness or otherwise of the allegations made in the FIR or the complaint and that the inherent powers do not confer any arbitrary jurisdiction on the Court to act according to its whims and fancies.”
Although it is true that it was not open for the Court to embark upon any enquiry as to the reliability or genuineness of the allegations made in the FIR, but at least there has to be some factual supporting material for what has been alleged in the FIR which is completely missing in the present case and documentary evidence on record clearly supports that her Nikah Nama was duly registered and issued by competent authority and even the charge sheet filed against her does not prima facie discloses how the marriage certificate was forged.
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