The High Court has said that in the matters seeking quashment of FIR under section 561 A CrPC, the court (HC) should refrain from making “prima facie decisions”.
“In keeping with the scope of section 561-A CrPC, the High Court should refrain from making prima facie decision at interlocutory stage when entire facts of the case are incomplete and hazy,” a bench of Justice Ali Muhammad Magrey said.
The bench made the observation while dismissing a petition seeking quashment of an FIR lodged in police station Kulgam against the petitioner on January 6 following the compliant by his “ex-wife”.
The petitioner had challenged FIR on the basis that the parties are facing civil and criminal proceedings before the Women’s Commission Forum for violating terms and conditions of the compromise and second divorce deed.
He said no offence has been committed by him as registered by the Police.
“While keeping in view the scope of section 561-A Cr.PC the Court should refrain from making prima facie decision at interlocutory stage when entire facts of the case are incomplete, hazy and more so, when material evidence is yet to be collected and issues could not be seen in their true perspective,” the court said, adding that it prima facie appears that the allegations contained in the FIR relate to the offences which are cognizable and non-cognizable and “warrant investigation.” Subsequently the court dismissed petitioner’s plea as meritless.
However, the court said that dismissal of the petition shall not come in the way of the petitioner to seek bail from the competent court.
The court also ordered that the petitioner shall not be arrested till two weeks.