Criminal Procedure Code, 1973
Section 482—Inherent powers of High Court—Exercise of—Power of quashing of criminal proceedings should be exercised very sparingly and with circumspection and that too in rarest of rare cases and it was not justified for the court in embarking upon an enquiry as to the reliability or genuineness or otherwise of the allegations made in the FIR or the complaint and that the inherent powers do not confer any arbitrary jurisdiction on the court to act according to its whims and fancies.
[Para 17]
Indian Penal Code, 1860
Sections 420, 467, 468, 471, 494, 504 & 506—Quashing of proceedings declined by High Court—Appeal—Criminal proceedings initiated against appellant at the instance of complainant (brother-in-law of appellant)—Appellant alleged to obtained employment on compassionate ground by preparing forged marriage certificate—Appellant submitted that because of untimely sad demise of her husband, her brother-in-law left no stone unturned to pressurize her handing over all the terminal benefits which she received on account of death of her lat husband and was interested to seek compassionate appointment in her place—No material placed on record by complainant to justify the bald allegations which were made in the complaint on the basis of which FIR was registered—Even there was no prima facie foundation to support the nature of allegations which were made—Although it is true that it was not open for the Court to embark upon enquiry as to the reliability or genuineness of allegations made in the FIR, but at least there has to be some factual supporting material for what has been alleged in the FIR which is completely missing and documentary evidence on record clearly supports that her Nikah Nama was duly registered and issued by competent authority and even the charge-sheet filed against her does not prima facie disclose how the marriage certificate was forged—No offence of any kind as has been alleged in the FIR, has been made out against appellant—Criminal proceedings quashed and set aside—Appeal allowed.
[Paras 17 to 21]