In a recent pronouncement, the Supreme Court highlighted the imperative duty bestowed upon High Courts when exercising power under Section 482 Cr.P.C to dismiss a criminal case. The Court emphasized the need for a meticulous examination to ascertain if the accusations leveled could genuinely amount to the alleged offense(s).
The apex court overturned a prior ruling of a High Court that had declined to quash ongoing criminal proceedings against an accused individual. Expressing dissatisfaction with the High Court’s decision, the Supreme Court pointed out the failure to establish the essential elements required for the alleged offenses under Sections 420, 406, 504, and 506 of the IPC against the appellant.
The appellant, accused of offenses such as cheating, criminal breach of trust, intentional insult, and criminal intimidation under the IPC, had sought relief under Section 482 Cr.P.C. The High Court’s refusal to quash the proceedings was based on the belief that, at that stage, it couldn’t conclusively determine the absence of offenses. The court stated, “All the submissions made at the bar relate to the disputed questions of fact, which require evidence and cannot be adjudicated upon by this Court under Section 482 Cr.P.C.”
In challenging the High Court’s decision, the accused-appellant took the matter to the Supreme Court. The court observed, “No civil proceedings have been instituted against the appellant by the second respondent or the aforementioned parties. Despite such contentions specifically raised in this appeal, the second respondent has not chosen to appear and contest the matter.”
Furthermore, the court scrutinized the FIR and the charge sheet, concluding that the essential ingredients for offenses under Sections 420, 406, 504, and 506 of the IPC were not substantiated. It criticized the High Court for neglecting this crucial aspect in its order. The Supreme Court asserted that when invoking power under Section 482 CrPC, High Courts must diligently assess whether the allegations truly constitute the offenses attributed to the appellant.
Consequently, the court allowed the appeal, leading to the quashing of the criminal case pending against the accused-appellant in the matter of RAJARAM SHARMA v. THE STATE OF UTTAR PRADESH & ANR.
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