Research › Search › Judgment

High Court of Uttarakhand · body

2025 DAILYLAW 9302 (UTT)

KAILASH BHATT AND ANR v. STATE OF UTTARAKHAND

WPCRL/782/2025 · 2025-08-27

Ashish Naithani

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:7626 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPCRL No. 782 of 2025 Hon’ble Ashish Naithani, J. Ms. Nisha Bora, learned counsel for the petitioners. 2. Mr. S. S. Chauhan, learned D.A.G. assisted by Mr. Vikash Uniyal, learned Brief Holder for the State. 3. The present writ petition under Article 226 of the Constitution of India is filed by the petitioners for quashing of the impugned F.I.R. lodged by the respondent no.2 against the petitioners on 05.06.2024 registered as F.I.R No.0162 of 2024 for the alleged offences punishable under Sections 147, 323, 356, 504 & 506 of IPC, Police Station Transit Camp, Rudrapur, District Udham Singh Nagar. 4. Learned counsel for the petitioners submits that the allegations contained in the impugned FIR are false, frivolous and motivated and the respondent no.2/complainant himself sent an application dated 19.12.2024 before the Police Station Incharge, Police Station – Transit Camp, Rudrapur, District Udham Singh Nagar to cancel the FIR No.0162 of 2024 as the written agreement dated 19.12.2024 has been reached between both the parties and on the basis of said agreement, the dispute between the parties is now over, therefore, the FIR deserves to be quashed in exercise of the extraordinary jurisdiction of this Court. 2025:UHC:7626 5. Per contra, learned State counsel submits that the investigation in the matter has already been completed and the charge sheet under Section 173(2) of the Bhartiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 173(2) CrPC) has been submitted before the competent court. 6. In view of the submissions made by learned counsel for the parties, this Court notes that once the investigation culminates in the submission of a final report/charge sheet, the prayer for quashing of the FIR in abstract does not survive. The FIR merges into the charge sheet, which becomes the basis of judicial scrutiny by the Magistrate under the statutory scheme. 7. At this stage, it is also pertinent to mention the well-settled position of law that the writ jurisdiction of this Court under Article 226 of the Constitution, especially in criminal matters, is of an extraordinary and discretionary nature and has to be exercised sparingly. Ordinarily, this Court does not embark upon an enquiry into the disputed facts or appreciation of evidence in exercise of its writ jurisdiction. Once the investigation has resulted in filing of a charge sheet, the proper and efficacious remedy for the accused lies before the trial court, which is competent to adjudicate upon all factual and legal defences available to them. 8. The Hon’ble Supreme Court in State of Haryana v. Bhajan Lal, 1992 Supp (1) SCC 335, while enumerating illustrative categories for exercise of jurisdiction to quash criminal 2025:UHC:7626 proceedings, has clearly observed that ordinarily the High Court should refrain from interfering once the investigation has been completed and charge sheet filed, unless the allegations, even if taken at their face value, do not disclose the commission of any offence. 9. Further, in Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra, (2021) 19 SCC 401, the Hon’ble Supreme Court reiterated that the police has a statutory right to investigate, and the High Courts should not stifle legitimate prosecution at the stage when the materials collected are already before the trial court. It was emphasized that courts should be slow in interfering in criminal proceedings and that once the investigation has reached its culmination, the proper course for the accused is to seek remedy against the charge sheet in accordance with law. 10. In the considered opinion of this Court, in view of the settled legal position and in the facts of the present case, the relief sought by the petitioners for quashing of the FIR dated 05.06.2024 cannot be granted at this stage. The FIR having already culminated in a charge sheet, this Court would not be justified in exercising its writ jurisdiction to nullify the same. 11. With the aforesaid observations, the writ petition stands disposed of. (Ashish Naithani, J.) 27.08.2025 Akash AKASH Digitally signed by AKASH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, 2.5.4.20=dae2472c001d56469ea76fc0caa68f48ef7 3518c148d140566ab1e26f9cbe61d, postalCode=263001, st=Uttarakhand, serialNumber=27096a1625377537a487dee49224c 891823fc6a0334628b21e516047ed4f22f7, cn=AKASH Date: 2025.08.30 10:12:35 +05'30'