In which situation High Court should exercise power for Quashing of Criminal Proceedings, where the criminal proceedings are initiated with ulterior motive to harass, one can approach the High Court by filing of writ petitions under article 226 of the Constitution or under section 482 of Cr. P.C. instead of facing protracted trial. The lawyers can make use of the rulings in the cases of West Bengal Vs. Swapan Kumar , AIR 1982 SC 949; State of Haryana Vs. Ch. Bhajan Lal, AIR 1992 SC 604.
The High Court may exercise powers under article 226 of the Constitution and under section 482 of Cr. P.C. may interfere in proceedings related to cognizable offences to prevent abuse of the process of any Court or otherwise to secure the ends to justice. However, this power is exercised sparingly and that too in the rarest of rare case, have given following categories of cases wherein such power could 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 F.I.R. and other materials, if any, accompanying the F.I.R. do not disclose a cognizable offence, justifying an investigation by police officers under section 156(1) of the Cr. P.C. except under an order of Magistrate within the preview of section 155(2) of the Code.
(3) Where the uncontroverted allegations made in the F.I.R. or complaint and the evidence collected in support of the same do not disclose the commission of any offense and make out a case against the accused.
(4) Where the allegations in the F.I.R. do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate under section 155(2) of the Code.
(5) Where the allegations made in the F.I.R. or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion tat there sufficient ground for proceedings against the accused.
(6) Where there is an express legal bar engrafted in any of the provisions of the Code or the concerned Act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and / or where there is a specific provision in the Code or the concerned Act, providing efficacious redress for the grievance of the aggrieved party.
(7) Where a criminal proceedings is manifestly attended with mala fide and / or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge.
In State of Uttar Pradesh Through C.B.I. Vs R.K. Srivastava : AIR 1989 SC 2222, the apex court quashed the criminal proceedings on the ground that no document was referred to the to in the F.I.R. as the outcome of forgery and the allegations made in the F.I.R. taken at their face value and accepted in their entirely did not constitute and offence under sections 120B, 420, 471 of I.P.C.
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