1. Application under Section 482 CrPC to quash charge-sheet for offences under Sections 498A, 323, and 504 IPC — High Court dismissal without considering merits. (Para 4 )
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2025 Supreme(SC) 149
SUPREME COURT OF INDIA
ABHAY S. OKA, K.V. VISWANATHAN, JJ.
Harpal Singh (D) and Others – Appellants
Versus
The State of Uttar Pradesh and Others – Respondents
Criminal Appeal No. 165 of 2025 [Arising Out of S.L.P. (Criminal) No. 9207 of 2024]
Decided On : 10-01-2025
Important Points
The High Court must consider the merits of an application under Section 482 of the CrPC before dismissing it, ensuring all contentions are open for decision.
Subject
Criminal Law - Quashing of Charges
Act Referred
Headnote
(A) Code of Criminal Procedure, 1973 - Section 482 - Indian Penal Code, 1860 - Sections 498A, 323 and 504 - Application for quashing charge-sheet - High Court dismissed the application without considering merits or addressing contentions - Impugned order set aside, and application restored for consideration on merits. (Paras 4, 5, 9)
(B) Interim Relief - Interim relief granted shall continue until the application is heard by the High Court. (Para 8)
(B) Interim Relief - Interim relief granted shall continue until the application is heard by the High Court. (Para 8)
Legal Category Hierarchy
Advocates:
Advocate Appeared:
For the Appellants : Neeraj Shekhar, Kshama Sharma, Rajesh Kumar Maurya, Ram Bachan Choudhary, Anand Krishna, Nikhil Thakur, Madhvendra Singh, Jugul Kishor Gupta
For the Respondents: Ruchira Goel, Ramesh Thakur, Jetendra Singh, Vijendra Kumar Kaushik, Priyanka Singh, Deepti Singh, Manju Jetley, Kausar Raza Faridi
Advocate Appeared:
For the Appellants : Neeraj Shekhar, Kshama Sharma, Rajesh Kumar Maurya, Ram Bachan Choudhary, Anand Krishna, Nikhil Thakur, Madhvendra Singh, Jugul Kishor Gupta
For the Respondents: Ruchira Goel, Ramesh Thakur, Jetendra Singh, Vijendra Kumar Kaushik, Priyanka Singh, Deepti Singh, Manju Jetley, Kausar Raza Faridi
Table of Contents
2. Challenge against the dismissal of a Section 482 CrPC application without consideration of merits or contentions raised. (Para 4 )
3. The High Court dismissed the application without considering the merits or dealing with the contentions raised in the application. (Para 4 )
4. An application for quashing a charge-sheet under Section 482 CrPC must be considered on its merits and the contentions raised therein. (Para 4 )
5. Impugned order set aside — Application under Section 482 CrPC restored to the High Court for hearing on merits — Interim relief continued. (Para 5 , 8 , 9 )
6. Whether a High Court can dismiss an application under Section 482 CrPC without considering the merits of the case?
No, the court held that the High Court cannot dismiss such an application without considering the merits or dealing with the contentions raised by the parties. (Para 4 )
ORDER :
1. The office report records that the first appellant is no more. A copy of the death certificate is placed on record by the learned counsel appearing for the appellants.
2. Leave granted.
3. Heard the learned counsel appearing for the parties.
4. The appellants filed an application under Section 482 of the Code of Criminal Procedure, 1973, for quashing a charge-sheet filed for the offences punishable under Sections 498A, 323 and 504 of the Indian Penal Code, 1860. By the impugned order, the High Court has dismissed the Application without considering the same on merits. The High Court has not even dealt with the contentions raised in the Application.
5. Hence, we set aside the impugned order and restore the Application under Section 482 No. 279/2018 to the file of the High Court of Judicature at Allahabad. The restored Application shall be listed before the roster Bench on 17th February, 2025 in the morning. The parties, who are represented today, shall appear before the roster Bench on that day and no further notice shall be served to them.
6. The Registry to forward a copy of this order to the Registrar (Judicial) of the High Court of Judicature at Allahabad, who shall ensure that the restored Application is listed before the roster Bench as directed above.
7. All contentions are left open to the decided by the High Court.
8. The interim relief granted by this order on 10th July, 2024 shall continue to operate till the restored Application is heard by the High Court.
9. The Appeal is partly allowed accordingly.
