The High Court has inherent power under section 482 CrPC to quash the criminal proceedings to prevent abuse of the process of court and secure the ends of justice.
The court must analyze the following points at the time of Quashing:
i) Whether the material relied upon by the accused is sound, reasonable, and indubitable, i.e., the material is of sterling and impeccable quality?
ii) Whether the material relied upon by the accused is sufficient to reject and overrule the factual assertions contained in the complaint, i.e., the material is such, as would persuade a reasonable person to dismiss and condemn the factual basis of the accusations as false?
iii) Whether the material relied upon by the accused, has not been refuted by the prosecution / complainant; and / or the material is such, that it cannot be justifiably refuted by the prosecution / complainant?
iv) Whether proceeding with the trial would result in an abuse of process of the court and hence, would not serve the ends of justice?
The Two-Judge Bench of the Supreme Court in
“Anand Kumar Mohatta and Anr. v. State (Govt. of NCT of Delhi) Department of Home and Anr”.
the Supreme Court has primarily ruled that a petition under Section 482 of CrPC for quashing of FIR is maintainable even if a charge sheet has been filed in the case. The Court in the case also reiterated that the High court can exercise jurisdiction under Section 482 of Cr.P.C even when the discharge application is pending with the trial court.
Court may quash the criminal proceeding on the following bases:
- On Merit: when the apex court has been satisfied that the trial would not serve the ends of justice or when court has reason to believe that allegation made by the complainant/prosecution are wrong and refuted or the case has been filed with ulterior motives or where there is contradiction in prosecution/complainant’s story, the court may quash the criminal proceeding against the accused.
- Compromise between the parties: If the compromise made between the parties, the apex court may quash the criminal proceeding.
In
B S Joshi v. State of Haryana 2003 (4) SCC 675, the Supreme Court justified the exercise of powers under Section 482 CrPC to quash the proceedings in matrimonial cases to secure the ends of justice in view of the special facts and circumstances of the case even where the offences alleged are non-compoundable.
In the case of R P Kapur v. State of Punjab 1960 AIR 862, the Supreme Court of India held that criminal proceedings against a person can be quashed if the case being dealt with belongs to any one of the following three classes of cases:
i) Where there is a legal bar against institution or continuance of the criminal proceedings.
ii) Where the allegations in the FIR do not constitute an offence, even if taken at face value and in their entirety.
iii) Where the allegations made constitute an offence, but there is no evidence which can prove them.
