The Supreme Court has observed that High Court ought not to have quashed the proceedings by assessing the statements under section 161 Cr.PC, scuttling a full-fledged trial in which Respondent would have a fair opportunity to prove their innocence.
The judgement came out in a case titled as Rajeev Kourav vs. Baisahab & Ors.
CASE BACKGROUND
In the present case, Complaint was filed by the Appellant which was registered, it was urged that Respondent’s no.1 to 3, subjected the wife of Appellant to harassment by filing false complaint against the Appellant parents, Respondent also intimidated maternal uncle of the Appellant and later on complaint was made in the police station and the matter was settle by the police and later on, it resulted into torturing the deceased and as a result of it, the wife of the Appellant committed suicide by jumping in front of a running train with her 2 children.
A final report was filed on completion of investigation and the same was challenged by the respondent before the High Court by filling petition for quashing of proceeding under section 482 of Cr.PC.
The High Court summoned the record of investigation and perused the statement recorded by the Appellant and held :
“4.that statements recorded under Section 161 CrPC. would show that Respondent No.1 is a quarrelsome lady who has threatened the Appellant’s family of false implication in a criminal case. The High Court observed that none of the persons whose statements under Section 161 CrPC were recorded have mentioned about the complaint of the deceased and that she was thinking of committing suicide due to the harassment of Respondent Nos.1 to 3. The High Court recorded a finding that Ramsharan Kourav, the uncle of the deceased, has stated in his statement under Section 161 that the deceased informed him that she is unable to bear the torture of Respondent Nos.1 to 3 and was thinking of putting an end to her life.”
High Court observed that the allegations made against the Respondents No. 1 to 3 did not make out an offence u/s 306/34 IPC. At the most allegations against the respondents constitute an offence u/s 506 IPC, thus quashed the criminal proceedings against the respondent 1-3.
Aggrieved by the judgement, the Appellant approached the Supreme Court.
The Apex Court after analysing all the facts didn’t agree with the submissions made on behalf of the respondent’s No.s 1 to 3, as the conclusion of the High courts to quash the criminal proceedings is only on the basis of its assessment of the statements recorded under section 161 of Cr.PC. and further held that
“………. Statement of witness recorded under Section 161 Cr.PC being wholly inadmissible in evidence cannot be taken into consideration by the court while adjusicating a petition filed under Section 482 of Cr.PC”.
As such the Supreme Court set aside the judgement of High Court of Madhya Pradesh and held that the High Court cannot quash the proceedings at this stage, scuttling a full-fledged trial in which Respondent Nos.1 to 3 would have a fair opportunity to prove their innocence.
The judgement has been delivered by Justice L. Nageswara Rao and Justice Deepak Gupta on 11-02-2020.
Read Judgement Here:
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