15 May 2024 FIR >> Criminal Law  

In a recent judgment, the Indian court quashed an FIR (First Information Report) filed by Barkat Ali against Shivendra Pratap Singh Thakur (appellant) in a land dispute case. The FIR alleged trespassing, property damage, and theft against the appellant.

The appellant argued that the FIR was fabricated and revenge-motivated due to a previous FIR he filed against Barkat Ali's acquaintance. He pointed out inconsistencies in the FIR, such as a delay of 39 days in filing the report and a discrepancy between the alleged damage and the site inspection report. Additionally, the neighbour whose house was supposedly damaged by the appellant, Sushma Kashyap, did not file a complaint herself.

The court found merit in the appellant's arguments. The unexplained delay in filing the FIR and the inconsistencies raised doubts about the legitimacy of the accusations. Furthermore, the lack of a complaint from Sushma Kashyap regarding the damage to her property weakened the case against the appellant. Considering these factors and the possibility of an ulterior motive, the court exercised its power under Article 142 of the Indian Constitution and quashed the FIR, effectively stopping all further legal proceedings based on the accusations.

  Constitution of India, 1950    Code of Criminal Procedure, 1973