Quashing of criminal complaint by Punjab and Haryana High Court at Chandigarh

Quashing of criminal complaint by Punjab and Haryana High Court at Chandigarh

Section 482 of the code of criminal procedure empowers High Court Chandigarh to exercise its inherent powers to prevent abuse of process of the court. In proceedings instituted on complaint, the exercise of inherent powers to quash the criminal complaint and consequent proceedings is called for only in those cases where the complaint does not disclose any offense or is frivolous, vexatious or oppressive. If the allegation set out in the complaint do not constitute offense of which organisms is taken by the magistrate, it is open to High Court to quash the same in exercise of inherent powers under section 42 of the Criminal Procedure Code. It is however not necessary that there should be meticulous analysis of the case before trial to find out whether the case would end in conviction or not. The complaint has to be read as a whole. If it appears on the consideration of allegations that in the light of statement on oath of the complainant, the ingredients of the offense or offenses are disclosed, and there is no material to show that the complaint is mala fide, frivolous or vexatious, in that event there would be no justification for interference by Punjab and Haryana High Court at Chandigarh.

Where it has been contended by a criminal lawyer before Punjab and Haryana High Court has held that the two sections of Indian Penal Code cannot go together, such contention cannot be accounted for quashing of criminal complaint. However this does not mean that the power vested in High Court is restricted. Even in cases where trial court refused to discharge accused, Punjab and and I couldn’t Chandigarh has power under section 482 of Criminal Procedure Code to quash the complaint if it is found that complaint is liable to be quashed.

It has been successfully intended by the best criminal lawyers in Chandigarh that at the time of quashing of complaint, question to be considered is whether complaint and its accompaniments disclosed any or all of the offenses alleged. But where court has not only gone into detailed discussion and recorded conclusive finding that accused is not guilty of offenses alleged against him it would not be proper to quash, when the question of proof of contrary can be answered only after evidence is led.

Where the allegations in the complaint prima facie constitute the offense alleged that the magistrate is satisfied on the statement of the complainant and the evidence of witnesses examined and the material on record that cognizance should be taken and consequently issues the process, in such circumstances High Court Chandigarh will not quash the criminal complaint on additional materials supplied by the accused.

Lawyers in Chandigarh have successfully argued that power to quash a proceeding should be exercised very sparingly and with circumspection and that too in rarest of rare cases. At the initial stage the court cannot esquire about reliability or genuineness or otherwise of the allegations made in the FIR or the complaint. High Court Chandigarh also has no power to esquire whether the allegations are likely to be established or not.