Supreme Court: While considering the instant appeal concerning Rajasthan High Court’s refusal to quash FIR; the Division Bench of Pankaj Mithal and SVN Bhatti, JJ., held that whether a statement made in the written statement is incorrect or false must be considered and decided by the Trial Court itself upon the conclusion of the evidence, at the time of the final determination of the suit or if necessary in proceedings under Section 340 of the CrPC. Unless this exercise is completed, it is difficult to say that the averments made therein are false and constitutes an offence attracting penal action.
A civil suit was pending between the parties. In the said suit, a written statement was filed by the appellants denying the existence of family settlement or signatures on it. On account of these averments which were alleged to be incorrect and false, an application under Section 156(3) of the CrPC was moved before the Court of Magistrate for registering an FIR. Subsequently, the Magistrate directed the registration of FIR.
Counsel for the appellant argued that allegations in the FIR do not constitute any offence. If any averment made in the written statement or the affidavit filed before the Civil Court is incorrect or false, it is for the Civil Court to decide the same or to take appropriate action in accordance with Section 340 of the CrPC.
Expressing its agreement with the contention raised by the appellant’s counsel, the Court stated that FIR at this stage, before the conclusion of the trial was completely misconceived. Henceforth, the impugned order of the High Court was set aside and the FIR against the appellant was quashed.
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CORAM :
Pankaj Mithal, J.
SVN Bhatti, J.
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