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Checking relevance for Pradeep Kumar Kesarwani vs State of Uttar Pradesh...
Pradeep Kumar Kesarwani vs State of Uttar Pradesh - 2025 0 Supreme(SC) 1667 : Yes, a case filed under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 can be quashed under Section 482 of the Criminal Procedure Code, 1973 without mutual consent when the allegations are baseless and constitute a misuse of law. The court held that if a complaint is frivolous, vexatious, or based on false allegations, and continuation of proceedings would amount to a gross abuse of the process of law, the High Court has inherent powers under Section 482 Cr.P.C. to quash the proceedings. The judgment emphasizes that summoning a person on the basis of a baseless complaint tarnishes their reputation and that the court must carefully examine whether the allegations are genuine or made with mala fide intent, especially in cases involving promises of marriage. The court also laid down a four-step test for quashing proceedings: (1) the material relied upon by the accused must be sound, reasonable, and indubitable; (2) it must be sufficient to rule out the factual assertions in the complaint; (3) it must not be refutable by the prosecution; and (4) proceeding with the trial must result in an abuse of process and injustice. If all four conditions are met, the High Court should quash the proceedings, even in the absence of mutual consent, when the allegations are found to be baseless and a misuse of the law.Checking relevance for Ramveer Upadhyay VS State of U. P. ...
Ramveer Upadhyay VS State of U. P. - 2022 5 Supreme 676 : Criminal proceedings under the SC/ST Atrocities Act cannot be quashed under Section 482 of the CrPC merely because the allegations are baseless or constitute misuse of law, unless the complaint is patently frivolous, vexatious, or oppressive, or does not disclose any offence. The High Court, while exercising inherent powers under Section 482, does not ordinarily examine the reliability of evidence or the truth of allegations. Even if the complaint is filed by a political rival or motivated by mala fides, the prosecution remains valid if otherwise justified and based on adequate evidence. Whether the allegations are true or untrue must be decided during trial, not at the stage of quashing. Quashing at the inception of proceedings, especially in cases involving serious allegations under the Atrocities Act, may result in injustice and is discouraged unless the complaint clearly fails to disclose an offence.Checking relevance for Pramod Suryabhan Pawar VS State of Maharashtra...
Pramod Suryabhan Pawar VS State of Maharashtra - 2019 0 Supreme(SC) 901 : The case under the SC/ST Atrocities Act can be quashed under Section 482 of the CrPC if the allegations in the FIR do not on their face constitute a cognizable offence. In this case, the WhatsApp messages forming the basis of the SC/ST Act charges were sent before the relevant provisions (Sections 3(1)(u), (w) and 3(2)(vii)) were enacted into law, which means the alleged offences could not have existed at the time of the conduct. Therefore, the charges under the SC/ST Act were legally unsustainable. The court held that even if the facts were accepted in totality, no offence under Section 375 of IPC or the SC/ST Act had occurred, and thus the High Court''''s rejection of the quashing application was quashed. This establishes that a case under the SC/ST Atrocities Act can be quashed under Section 482 of CrPC when the allegations are baseless and amount to misuse of law, particularly where the legal provisions relied upon were not in force at the time of the alleged acts.Checking relevance for XYZ VS State of Gujarat...
Checking relevance for Karuppudayar VS State Rep. By The Deputy Superintendent Of Police, Lalgudi Trichy...
Karuppudayar VS State Rep. By The Deputy Superintendent Of Police, Lalgudi Trichy - 2025 2 Supreme 650 : A case filed under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 can be quashed under Section 482 of the Code of Criminal Procedure, 1973 (now Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023) even without mutual consent if the allegations are baseless and constitute a misuse of law. The court may exercise its inherent jurisdiction under Section 482 Cr.P.C. sparingly and only in rarest of rare cases, particularly when the alleged offence does not fall within the ambit of the SC-ST Act—such as when the incident occurs within private confines (e.g., four corners of a chamber) where members of the public are not present, thereby failing to meet the requirement of ''''place within public view'''' under Sections 3(1)(r) and 3(1)(s) of the SC-ST Act. In such circumstances, the proceedings are quashed as they do not constitute an offence under the Act, which amounts to a misuse of the law.Checking relevance for Gulam Mustafa VS State Of Karnataka...
Gulam Mustafa VS State Of Karnataka - 2023 3 Supreme 751 : Yes, a case filed under the SC/ST Atrocities Act can be quashed under Section 482 of the CrPC without mutual consent when the allegations are baseless and there is a clear misuse of law. The court held that even if the allegations are taken to be true on their face value, no offence under the SC/ST Act can be said to have been made out against the appellant. The complaint and FIR were found to be frivolous, vexatious, and oppressive, with malafide intent evident from the sequence of events, including a huge and unexplained delay of over 60 years in initiating the dispute and resorting to criminal proceedings only after failure in civil suits. The court emphasized that officers instituting an FIR must be vigilant before invoking the stringent provisions of the SC/ST Act, and that the High Court erred in not exercising its inherent power under Section 482 to quash the FIR. The judgment explicitly confirms that the power under Section 482 can be exercised to prevent abuse of process and to ensure justice, even in cases under special statutes like the SC/ST Act.
