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Quashing of FIR: When Law's Logic Meets the Absurd

The High Court is required to follow the settled principle of law that, at the stage of quashing an FIR or complaint, it is not justified in embarking upon an inquiry into the probability, reliability, or genuineness of the allegations made therein.

Of course, as has been pointed out in State of Haryana vs. Ch. Bhajan Lal, AIR 1992 SC 604, an FIR or a complaint may be quashed if the allegations therein are so absurd and inherently improbable that no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused.

However, the High Court has not recorded such a finding, obviously because, based on the allegations in the FIR, it was not possible to do so. For the reasons aforementioned, the High Court has committed a gross error of law in quashing the FIR and the complaint. Accordingly, the impugned judgment was set aside, and the petition filed by the accused under section 482 of the CrPC was liable to be dismissed.

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