Supreme Court Sets Parameters for Quashing FIRs : Quashed FIR in Dacoity Case

On August 8, 2023, In a significant development, the Supreme Court of India has delivered a landmark judgment clarifying the parameters for quashing First Information Reports (FIRs) in criminal cases. The bench comprising Justices B.R. Gavai and J.B. Pardiwala issued a decisive ruling emphasizing the importance of upholding justice while preventing the misuse of legal processes.

The judgment, delivered today, is expected to have far-reaching implications on the legal landscape concerning the initiation of criminal proceedings. The Court highlighted the need to ensure that FIRs are not weaponized as tools of harassment and undue coercion.

Justice Gavai stated, "The allegations in the FIR must satisfy the necessary criteria to constitute the alleged offenses, and mere speculation or apprehension cannot be a basis for perpetuating legal proceedings."

The case in question revolved around allegations of dacoity, kidnapping, and extortion made against an individual occupying a position of influence. The Court, in its analysis, found that even if the allegations were taken at face value, they failed to meet the essential elements required to constitute the alleged offenses. The judgment emphasized the importance of a comprehensive evaluation of the circumstances surrounding the case.

Justice Pardiwala, delivering the verdict, highlighted that "the quashing of FIRs is not an exercise of routine, but a responsibility that demands careful consideration of the potential consequences on the accused."

The Court referred to the celebrated case of *State of Haryana v. Bhajan Lal* and underlined the parameters for quashing FIRs, including instances where the allegations are baseless, absurd, or malicious. The judgment drew attention to the principle that the inherent power of quashing must be exercised judiciously and sparingly.

Date of Decision: August 8, 2023

HAJI IQBAL @ BALA  vs STATE OF U.P. & ORS.