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C. T. RAVIKUMAR, SANJAY KUMAR
Kim Wansoo – Appellant
Versus
State of Uttar Pradesh – Respondent
Key Points: - The Supreme Court held that quashing of criminal proceedings can be done under Article 226 or Section 482 to prevent abuse of process or to secure ends of justice. (!) (!) - It reiterated the categories of cases where quashing may be warranted, including when allegations do not prima facie constitute an offense, do not disclose a cognizable offense, are absurd or improbable, or there is mala fide or ulterior motives. (!) (!) (!) (!) (!) (!) (!) - In the present case, the High Court erred in not quashing the FIR No.64/2020; the Supreme Court quashed the FIR and all proceedings against the appellant. (!) (!)
JUDGMENT :
C.T. RAVIKUMAR, J.
1. Leave granted.
2. This appeal by special leave is directed against the judgment dated 26.08.2020 in Criminal Misc. Writ Petition No.8063 of 2020 passed by the High Court of Judicature at Allahabad, refusing to quash FIR No.64/2020 registered at Police Station, Sadar Bazar, District Meerut. Furthermore, it was ordered thereunder thus: -
3. On 14.10.2020, this Court issued notice and also stayed further proceedings based on the subject FIR. The said order is still in force.
4. The facts leading to the impugned judgment read as under: -
(1) Quashing of criminal proceedings – Extraordinary power under Article 226 or inherent power under Section 482, Cr. P.C. could be exercised by High Court, either to prevent abuse of process of any ....
Criminal proceedings cannot cloak civil disputes; FIR must disclose offence ingredients, and evidence evaluation is not permissible at quashing stage.
The court established that the inherent power to quash FIRs under Section 482 Cr.P.C. should be exercised cautiously and only in rare cases where no cognizable offence is disclosed.
The main legal point established in the judgment is that the inherent power under section 482 of the Criminal Procedure Code should be sparingly used and only in exceptional cases to prevent abuse of....
Cheating, wrongful confinement and criminal intimidation – Existence of civil remedies does not preclude criminal prosecution where allegations disclose essential ingredients of an offence – Civil an....
The High Court's inherent powers under Section 482 Cr.P.C. should be exercised sparingly to prevent abuse of process, and not to stifle legitimate prosecution.
Point of Law : Cheating - Settlement Agreement – Fir quashed - Parties having settled disputes amongst themselves and dispute arising from commercial transactions amongst themselves with no loss to S....
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