The Court can exercise its inherent jurisdiction under Section 482 of Cr.P.C. to quash an FIR if it does not disclose a cognizable offence and there is an abuse of process of the Court.

The petitioner/Krishnamurthy/A1 came forward under Section 482 Cr.P.C. to quash the FIR in Crime No.3 of 2015 registered by the first respondent/Inspector of Police, Vigilance and Anti-corruption, Dindigul. Selection of Assistant-cum-Typist on a consolidated pay, was conducted, to the Juvenile Justice Board, Dindigul and Child Welfare Committee, Dindigul, which comes under Social Welfare Department. A list of candidates was called for from the District Employment Office. Two lists, each consisting of 10 persons were prepared. Typing test was conducted and it was monitored by A2. The petitioner/A1 was the then Superintendent of the Regional Social Defence Office, Madurai and his duty is to collect and put up the papers of all the participated candidates to the Deputy Director. From each list, one Sujatha and one Nagarajan were selected. The second respondent herein is one of the participated candidates. He was not selected. He was upset. In the circumstances, he preferred a complaint alleging irregularities and commission of cognizable offence in the matter of selection of the said two posts. Based on R2's complaint, FIR in Crime No.3 of 2015 for the offences under Sections 13(2) r/w.13(1)(d) of Prevention of Corruption Act, 1988 and 120(B) of IPC has been registered as against A1/petitioner. Now the petitioner has come to this Court to quash the FIR.

2. Under Section 482 Cr.P.C. High Courts have inherent jurisdiction, which may be invoked when there is abuse of process of court or otherwise to secure the ends of justice.

3. The FIR in this case has been registered under Section 154 Cr.P.C. Section 154 deals with the first information, which will become FIR. The FIR is disclosing a cognizable offence. When an FIR is registered, if it does not disclose any cognizable offence, then it will be an abuse of process of Court. The inherent power under Section 482 Cr.P.C. could be sparingly exercised to quash the FIR. However, when there is abuse of process of Court or in the interest of justice, inherent power of this Court can be exercised. This Court will not hesitate to exercise this inherent power. In State of Haryana and Others vs. Bhajan Lal (1992 Supp (1) SCC 355) in Paragraph No.102, the Hon'ble Supreme Court observed as follows:

“102. In the backdrop of the interpretation of the various relevant provisions of the Code under Chapter XIV and of the principles of law enunciated by this Court in a series of decisions relating to the exercise of the extraordinary power under Article 226 or the inherent powers under Section 482 of the Code which we have extracted and reproduced above, we give the following categories of cases by way of illustration wherein such power could be exercised either to prevent abuse of the process of any court or otherwise to secure the ends of justice, though it may not be possible to lay down any precise, clearly defined and sufficiently channelised and inflexible guidelines or rigid formulae and to give an exhaustive list of myriad kinds of cases wherein such power should be exercised.

(1) Where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused.

(2) Where the allegations in the first information report and other materials, if any, accompanying the FIR do not disclose a cognizable offence, justifying an investigation by police officers under Section 156(1) of the Code except under an order of a Magistrate within the purview of Section 155(2) of the Code.

(3) Where the uncontroverted allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused.

(4) Where, the allegations in the FIR do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer wit