The HC cannot quash the FIR by analysing the statements u/s 161 Cr.P.C; SC.

Supreme Court of India

JUSTICE L. NAGESWARA RAO & JUSTICE DEEPAK GUPTA

The SC {RAJEEV KOURAV v. BAISAHAB AND ORS.} holds that the conclusion of the High Court to quash the criminal proceedings is on the basis of its assessment of the statements recorded under Section 161 CrPC. It was held that the Statements of witnesses recorded under Section 161 CrPC being wholly inadmissible in evidence cannot be taken into consideration by the Court, while adjudicating a petition filed under Section 482 CrPC. And the FIR cannot be quashed on the said ground.

In the present case, the High Court summoned the record of investigation and perused the statements recorded of the Appellant and his family members under Section 161 CrPC. The High Court held 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, and on the basis of analysis quashed the FIR. The said judgment has been set aside by the SC. Restoring the trial in the matter.