High Court can entertain Section 482 Petition to quash FIR even if chargesheet has been filed during its pendency: Supreme Court
(Abhishek Versus State of Madhya Pradesh, Criminal Appeal No. 1457 of 2015, decided on August 31, 2023)
The Hon’ble Supreme Court held that the Hon’ble High Court has the power to entertain the quashing petition under Section 482 Cr.P.C to quash the F.I.R even if the charge sheet is filed by the police during the pendency of the petition.
In the present case, an Appeal has been filed by in-laws of a lady against the order of the Hon’ble Madhya Pradesh High Court whereby it dismissed the quashing petitions filed by in-laws pertaining to the FIR under Section 498A IPC.
The main contention raised before the Hon’ble Supreme Court was that the quashing petition is liable to be dismissed as chargesheet was filed during the pendency of the petition.
Taking note of the facts, the Hon’ble Supreme Court while relying on “
Joseph Salvaraj A. vs. State of Gujarat and others {(2011) 7 SCC 59}] and
Anand Kumar Mohatta and another vs. State (NCT of Delhi), Department of Home and another [(2019) 11 SCC 706]”, held that:
“It is well settled that the High Court would continue to have the power to entertain and act upon a petition filed under Section 482 Cr.P.C. to quash the FIR even when a chargesheet is filed by the police during the pendency of such petition.”
The Hon’ble Supreme Court quashed the Petitions filed by the Appellants after making an observation that the allegations against the Appellants are insufficient and do not make out a case against them. They are so farfetched and improbable that no prudent person can conclude that there are sufficient grounds to proceed against them.
Read the full Judgment here 
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