Shaileshbhai vs. St. of Gujarat [Criminal Appeal No. 1884/2013]
FIR can be quashed despite filing of charge-sheet by the investigating officer
7. The question of law involved in these two appeals as to whether quashing of the FIR should have been refused for no other reason than that the investigating officer has filed the charge-sheet is no longer res integra. Decisions of this Court to such effect are legion. We may profitably refer to the decisions of this Court in Ruchi Majoo v. Sanjeev Majoo, Anand Kumar Mohatta vs State (Govt. of NCT of Delhi) Home Department and Abhishek vs. State of Madhya Pradesh.
8. On the authority of the aforesaid decisions, law seems to be well-settled that the High Court under Section 482, Cr. PC. retains the power to quash an FIR, even after charge-sheet under Section 173(2) thereof is filed, provided a satisfaction is reached, inter alia, that either the FIR and the charge-sheet read together, even accepted as true and correct without rebuttal, does not disclose commission of any offence or that continuation of proceedings arising out of such an FIR would in fact be an abuse of the process of law as well as of the Court given the peculiar circumstances of each particular case.