When Called Upon To Invoke S.482 CrPC, High Courts Should Carefully Examine If Accusations Constitute Offence : Supreme Court

The Supreme Court in a recent order observed that when the High Court was called upon to invoke power under Section 482 Cr.P.C to quash a criminal case, it was incumbent upon the High Court to consider the question whether the allegations would constitute the offence(s) alleged against the person-accused.

While setting aside an order of a High Court which denied to quash the criminal proceedings pending against a person-accused, the Supreme Court expressed dissatisfaction with the High Court's order by noting that the ingredients necessary to constitute the offence under Sections 420, 406, 504, and 506 of the IPC are not made out against the accused-appellant.

Briefly put, the appellant-accused approached the High Court under Section 482 Cr.P.C. for quashing of the criminal case pending against him for committing an offence under Sections 420 (Cheating and dishonestly inducing delivery of property), 406 (punishment for criminal breach of trust), 504 (Intentional insult with intent to provoke breach of the peace) 506 (Punishment for Criminal Intimidation) of Indian Penal Code.

The High Court refused to quash the criminal proceedings by noting that:

“From the perusal of the material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the applicant. 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”

Challenging the order of the High Court, the criminal appeal was preferred by the accused-appellant before the Supreme Court.

“No civil proceedings have been instituted against the appellant by the second respondent or the aforementioned parties. As noted earlier, despite such contentions specifically raised in this appeal the second respondent has not chosen to appear and contest the matter”, the court noted.

“Apart from the aforesaid aspects, a scanning of the FIR and the subsequently filed charge sheet, we are of the considered view that ingredients necessary to constitute the offence under Sections 420, 406, 504, and 506 of the IPC are not made out. The impugned order would reveal that the said aspect was not at all looked into by the High Court. When the High Court was called upon to invoke power under Section 482 CrPC raising such contentions, it was incumbent upon the High Court to consider the question whether the allegations would constitute the offence(s) alleged against the appellant”, the court observed.

Resultantly, the court allowed the appeal, and quashed the criminal case pending against the accused-appellant.

Case Title: RAJARAM SHARMA v. THE STATE OF UTTAR PRADESH & ANR.

Citation : 2024 LiveLaw (SC) 41

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