For the offences punishable under Sections 395, 504, 506 and 323 of the Indian Penal Code (Para 1)
It is pertinent to note that for the incident alleged to have occurred in the year 2021, the FIR was lodged in the year 2022. It is also pertinent to note that in the FIR, no date and time of the alleged incident has been stated. No plausible explanation was offered by the first informant as to why there was inordinate delay in lodging the FIR (Para 4)
Where that act is the use of the abusive words, it is necessary to know what those words were in order to decide whether the use of those words amounted to intentional insult. In the absence of these words, it is not possible to decide whether the ingredient of intentional insult is present. (Para 28)
We may clarify that delay in the registration of the FIR, by itself, cannot be a ground for quashing of the FIR. However, delay with other attending circumstances emerging from the record of the case rendering the entire case put up by the prosecution inherently improbable, may at times become a good ground to quash the FIR and consequential proceedings. If the FIR, like the one in the case on hand, is lodged after a period of more than one year without disclosing the date and time of the alleged incident and further without any plausible and convincing explanation for such delay, then how is the accused expected to defend himself in the trial. It is altogether different to say that in a given case, in the course of investigation the investigating agency may be able to ascertain the date and time of the incident, etc. The recovery of few incriminating articles may also at times lend credence to the allegations levelled in the FIR. However, in the absence of all such materials merely on the basis of vague and general allegations levelled in the FIR, the accused cannot be put to trial. (Para 33)
A bare look at the chart may give an impression that the appellants are history sheeters and hardened criminals. However, when it comes to quashing of the FIR or criminal proceedings, the criminal antecedents of the accused cannot be the sole consideration to decline to quash the criminal proceedings. An accused has a legitimate right to say before the Court that howsoever bad his antecedents may be, still if the FIR fails to disclose commission of any offence or his case falls within one of the parameters as laid down by this Court in the case of Bhajan Lal (supra), then the Court should not decline to quash the criminal case only on the ground that the accused is a history sheeter. Initiation of prosecution has adverse and harsh consequences for the persons named as accused. (Para 34)
SUPREME COURT OF INDIA
2023 STPL(Web) 152 SC
[2023 INSC 684]
MOHAMMAD WAJID & ANR. Vs. STATE OF U.P. & ORS.
Criminal Appeal No. 2340 of 2023 (Arising out of S.L.P. (Criminal) No. 10656 of 2022)-Decided on
8-8-2023
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