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2000 Supreme(SC) 215

D.P.WADHWA, S.SAGHIR AHMAD
G. Sagar Suri – Appellant
Versus
State Of U. P – Respondent


Judgement Key Points

The legal document emphasizes that the filing of an application for discharge before the trial court does not bar the High Court from exercising its inherent jurisdiction under Section 482 of the Criminal Procedure Code to quash FIRs or criminal proceedings (!) . It underscores that the High Court must exercise caution and not superficially examine the matter, especially to prevent the criminal process from becoming a substitute for civil remedies or an abuse of the legal system (!) .

The document highlights that criminal proceedings should not be initiated or continued when the core issue is essentially civil in nature or when the allegations amount to an abuse of process, such as using criminal proceedings to coerce or browbeat the accused into civil obligations (!) (!) . It stresses that the jurisdiction under Section 482 should be invoked to prevent such abuse and to secure the ends of justice, not merely based on the existence of a formal complaint or the pendency of proceedings (!) (!) .

Furthermore, the decision clarifies that the High Court has the authority to quash proceedings if it concludes that continuing them would be an abuse of the process or would not serve the interests of justice, even if the lower court has not yet examined the matter thoroughly (!) (!) . It also notes that the mere pendency of a discharge application does not preclude the High Court from exercising its inherent powers to prevent misuse of the judicial process (!) (!) .

In summary, the document advocates for a careful and judicious exercise of the High Court’s inherent powers to quash criminal proceedings, particularly when such proceedings are found to be motivated by malafide intentions, are of civil nature, or are intended to harass or coerce the accused, rather than to serve the ends of justice (!) (!) (!) (!) .


JUDGMENT

D.P. Wadhwa, J.-Leave granted.

2. This appeal is directed against the judgment dated June 5, 1999 of Allahabad High Court dismissing the application of the appellants filed under Section 482* of the Code of Criminal Procedure (for short, the Code ). By this application the appellants had sought quashing of the criminal proceedings pending against them under Section 406/420** of the Indian Penal Code (for short, the IPC ) in the Court of Chief Judicial Magistrate, Ghaziabad and arising out of Case Nos. 674 of 1997 of Police Station Noida, district Gautam Budh Nagar.

*482. Saving of inherent powers of High Court.—Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice.

**405. Criminal breach of trust.—Whoever, being in any manner entrusted with property, or with any dominion over property, dishonestly misappropriates of converts to his own use that property, or dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in





















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