1. Petition challenging High Court order quashing FIR and criminal proceedings under Section 482 of the Code of Criminal Procedure. (Para 1 )
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2022 Supreme(SC) 892
SUPREME COURT OF INDIA
Ajay Rastogi, B.V. Nagarathna, JJ.
R. Abirami - Petitioner
Versus
D. Santhanam & Others - Respondents
Special Leave Petition (Crl.) No(s.) 8149 of 2021
Decided On : 06-09-2022
Important Points
The court's decision was based on the lack of reason to interfere with the High Court's order quashing the FIR and criminal proceedings.
Subject
Criminal Law - FIR Quashing
Act Referred
Headnote
FIR Quashing - Criminal Procedure - Code of Criminal Procedure, 1973 - Section 482
Fact of the Case:
The complainant-victim filed a petition challenging the High Court's order quashing the FIR and criminal proceedings.
Finding of the Court:
The Supreme Court found no reason to interfere and dismissed the special leave petition.
Issues: Challenge to quashing of FIR and criminal proceedings under Section 482 of the Code of Criminal Procedure, 1973.
Ratio Decidendi: The court's decision was based on the lack of reason to interfere with the High Court's order quashing the FIR and criminal proceedings.
Final Decision: The special leave petition was dismissed with no costs.
Legal Category Hierarchy
Advocates appeared:
For the Petitioner(s):Petitioner-in-person (NP)
For the Respondent(s): Mr. Anish R. Shah, AOR Mr. V. Krishnamurthy, Sr. Adv./AAG Dr. Joseph Aristotle S., AOR Ms. Nupur Sharma, Adv. Mr. Shobhit Dwivedi, Adv. Mr. Sanjeev Kumar Mahara, Adv. Ms. Richa Vishwakarma, Adv.
For the Petitioner(s):Petitioner-in-person (NP)
For the Respondent(s): Mr. Anish R. Shah, AOR Mr. V. Krishnamurthy, Sr. Adv./AAG Dr. Joseph Aristotle S., AOR Ms. Nupur Sharma, Adv. Mr. Shobhit Dwivedi, Adv. Mr. Sanjeev Kumar Mahara, Adv. Ms. Richa Vishwakarma, Adv.
Table of Contents
2. Petitioner assailed the quashing of the FIR and criminal proceedings, while respondents opposed the interference with the High Court order. (Para 1 , 2 )
3. Upon perusal of the record and consideration of submissions, the court found no reason to interfere with the High Court's order. (Para 3 )
4. The court affirmed the High Court's exercise of power under Section 482 of the Code of Criminal Procedure to quash criminal proceedings. (Para 3 )
5. Special leave petition dismissed. (Para 4 )
6. When will the Supreme Court refuse to interfere with a High Court order quashing an FIR under Section 482 CrPC?
The Supreme Court will refuse to interfere when, after considering the submissions of the parties and perusing the record, it finds no reason to disturb the High Court's decision. (Para 3 )
ORDER :
1. The present petition has been filed at the instance of the complainant-victim assailing the order dated 20th September, 2021 passed by the High Court of Judicature at Madras quashing the FIR in Crime No. 07 of 2021 dated 6th May, 2021 and the criminal proceedings in exercise of its power under Section 482 of the Code of Criminal Procedure, 1973.
2. We have heard the petitioner-in-person and learned counsel for the respondents for quite some time.
3. After taking into consideration the submissions made by the parties as well as the written submissions furnished by the petitioner-in-person at the time of arguments and on perusal of record, we find no reason to interfere.
4. Consequently, the special leave petition is dismissed. No costs.
5. Pending application(s), if any, shall stand disposed of.
