Section 482 CrPC - Criminal Proceedings Cannot Be Quashed Merely On The Ground That "No Useful Purpose Will Be Served" : Supreme Court

The Supreme Court observed that when a clear case is made out for the offences alleged, the criminal proceedings cannot be quashed merely on the ground that "no useful purpose will be served by prolonging the proceedings of the case".

The bench comprising Justices MR Shah and BV Nagarathna reiterated that a High Court must pass a speaking and reasoned order while disposing petitions under Section 482 of the Code of Criminal Procedure.

In this case, the Magistrate summoned the accused to face the trial for the offences punishable under Sections 307, 504, 506 of the Indian Penal Code and Section 3(10)(15) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Allowing the petition filed by the accused challenging this order, the Allahabad High Court quashed the criminal proceedings merely opining that "that no useful purpose shall be served by prolonging the proceedings of the case".

Before the Apex court, the appellant contended that there is no independent application of mind by the High Court and no reasons whatsoever have been assigned while quashing the criminal proceedings. On the other hand, the respondent defended the impugned order.

The court noted that the High Court has not discussed the allegations made against the accused persons and even on the legality and validity of the order passed by the Magistrate summoning the accused. 

"The impugned judgment and order passed by the High Court is a cryptic, non­ speaking order. We find no independent application of mind by the High Court on the legality and validity of the order passed by the learned Magistrate summoning the accused. The learned Magistrate issued the summons against the accused after considering the statements of the complainant as well as the witnesses recorded under Sections 200 & 202 Cr.P.C. and after considering the evidence on record including the injury certificate. The same has been set aside by the High Court in a most cursory and casual manner. The manner in which the High Court has disposed of the application under Section 482 Cr.P.C. and quashed the criminal proceedings is not appreciated at all. In a catena of decisions, this Court has emphasized that the High Court must pass a speaking and reasoned order in such matters".

While allowing the appeal, the bench further observed: 

Even from the impugned order passed by the High Court it appears that while quashing the criminal proceedings, the High Court has observed that no useful purpose will be served by prolonging the proceedings of the case. The aforesaid cannot be a good ground and/or a ground at all to quash the criminal proceedings when a clear case was made out for the offences alleged. 6.4 The High Court has not at all observed on how the order passed by the learned Magistrate summoning the accused was wrong and/or erroneous. The manner in which the High Court has disposed of the application under Section 482 Cr.P.C. and has quashed the criminal proceedings is deprecated. When serious allegations for the offences under Sections 307, 504, 506 of the IPC and 9 Section 3(10)(15) of the Act were made, the High Court ought to have been more cautious and circumspect while considering the application under Section 482 Cr.P.C. and quashing the criminal proceedings for the aforesaid offences.  

Case details

Satish Kumar Jatav vs State of UP | 2022 LiveLaw (SC) 488 | CrA 770 of 2022 | 17 May 2022

Coram: Justices MR Shah and BV Nagarathna

Counsel: Adv Sudhir Dixit for appellant, Sr. Adv Jayant Mehta for respondent

Headnotes

Code of Criminal Procedure, 1973; Section 482 - The ground that "no useful purpose will be served by prolonging the proceedings of the case" cannot be a good ground and/or a ground at all to quash the criminal proceedings when a clear case was made out for the offences alleged.(Para 6.3)

Code of Criminal Procedure, 1973; Section 482 - The High Court must pass a speaking and reasoned order in such matters. (Para 6.2)

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