Section 482 CrPC – \’There Has To Be Some Factual Supporting Material For FIR Allegations\’: Supreme Court Quashes Criminal Proceedings

\”At least there has to be some factual supporting material for what has been alleged in the FIR, the Supreme Court observed while quashing criminal proceedings against a woman.

The case of the complainant as recording in the FIR was as follows: The accused entered into marriage with the complainant\’s brother on 11th December, 2016, and thereafter she started to harass his late brother mentally and physically and that was the reason for which his brother suddenly died during his service on 8th December, 2017. Immediately after his death, there was a sudden change in her behaviour and she tried to oust him and other in-laws from the house. That, every day, she used to threaten and abuse the family members and by committing a forgery, she obtained the job on compassionate grounds and took all the terminal benefits and the genuine dependents of late Mohd. Shameem Khan (brother of the complainant) were deprived of his terminal benefits and this Nikah (marriage) was solemnized by her without any divorce from her previous husband. On the basis of this complaint, the FIR was registered and charges were framed against her under Sections 494, 495, 416, 420, 504 & 506 of the Indian Penal Code. The accused filed a petition under Section 482 CrPC seeking quashing of FIR before the Allahabad High court which was dismissed.\”

Judgment- Shafiya Khan @ Shakuntala Prajapati vs State Of U.P.

Source: www.livelaw.in