The Allahabad High Court has refused to quash the FIR registered against Nikita Sharma, who is the wife of the deceased IT professional Manav Sharma, along with her parents and siblings. The court observed that the allegations prima facie disclose the commission of a cognizable offence and legal proceedings hence come warranted.
Background of the events
Manav Sharma, a manager at TCS in Mumbai, died by suicide on February 24 in Agra’s Defence Colony. Reports suggest that he had been facing persistent harassment from his wife. The couple had tied the knot in January 2024.
Following his death, Manav’s father, Narendra Kumar Sharma, lodged an FIR on February 28 at the Sadar Bazar Police Station under Section 108 of the Bharatiya Nyaya Sanhita (BNS). The complaint accused Nikita Sharma and her family for abetting Manav’s suicide.
A writ petition seeking the quashing of the FIR was filed by Manav’s father-in-law, along with three other family members. The petitioners contended that they had been falsely framed and that the allegations against them were baseless and motivated by malicious intent.
The counsel argued,
“The petitioners are innocent and have not committed any offence. The accusations are improbable and lack credibility. The FIR should therefore be quashed.”
The state’s Additional Government Advocate, however, opposed the plea, on the ground that the FIR clearly disclosed a cognizable offence and should not be dismissed at this stage.
After examining the case, a division bench comprising Justice Mahesh Chandra Tripathi and Justice Prashant Kumar declined to interfere with the FIR. The division bench cited the Supreme Court’s precedent in State of Haryana & Ors. vs. Bhajan Lal & Ors. The court ruled:
“Prima facie, the FIR reveals the commission of a cognizable offence. Therefore, in view of the law laid down by the Hon’ble Supreme Court in State of Haryana & Ors. vs. Bhajan Lal & Ors., no case has been made out for interference with the impugned FIR.”
Consequently, the court dismissed the petition but allowed the petitioners to seek anticipatory bail before the appropriate forum.
The decision reinforces the principle that an FIR should not be quashed prematurely if it discloses a prima facie cognizable offence.
About Author
Tanishq, a law student at the Department of Legal Studies and Research, Barkatullah Vishwavidyalaya, Bhopal, is a budding legal writer with a sharp eye for evolving legal landscapes. Passionate about Intellectual Property Rights, Constitutional Law, and Women and Child Safety Laws, Tanishq actively explores contemporary legal nuances through writing and research.
