482 CrPC

 

Statue

1. 482 CrPC - to Quash a criminal proceeding only when an allegation made in FIR or the CS constitutes the ingredients of the offence/offences allged
1. NOTHING in this code shall be deemed to limit or affect the INHERENT powers of HC to make such orders as may be necessary to give effect to any order under the code or to
1. prevent abuse of the process of any court or 
2. otherwise to secure the ends of justice.

Important points

1. It is settled law, that the evidence produced by the accused in his defence cannot be looked into by the court, EXCEPT in very exceptional circumstances at the initial stage of the criminal proceedings
2. it is trite law that HC cannot embark upon the appreciation of evidence while considering the petition filed under section 482 CrPC
3. The statements  of the witnesses u/s 161 CrPC being wholly INADMISSIBLE in evidence COULD NOT at all be taken into consideration.
4. HC can quash criminal proceedings in exercise of its inherent powers under 482 CrPC even if the offences are non-compoundable and the compromise is reached after conviction.
1. In Non Heinous offences
2. Offences are predominantly of a private nature.
3. HC has to exercise such discretion with rectitude( Righteousness ), keeping in view the circumstances surrounding the incident.
4. pragmatic approach, to ensure that the felony even if goes unpunished does not tinker with or paralyze the very object of the administration of criminal justice system.
5. handing out punishment is not sole form of delivering justice.
5. Section 320 CrPC - non compoundable cannot be compounded by a criminal court in exercise of power under Section 320
1. any such attempt would amount to alteration, addition and modification of section 320 CrPC - which is exclusive domain of Legislature.
2. There is no patent or latent ambiguity in language of 320 CrPC which may justify its wider interpretation and include such offences in docket of compoundable offences which have been consciously kept out as non compoundable.

Where does Quash Fail?

1. Time taken for conducting preliminary enquiry not ground enough to quash criminal proceedings for an offence ( especially Prevention of corruption ) 

Question

1. can Quash be applied after conviction?
1. Yes
2. in non-heinous offence 
3. where offences are predominantly of a private nature 
2. what is preliminary enquiry?
1. Lalitha Kumari Vs Govt of UP requires conducting mandatory preliminary enquiry before registation of FIR and mandatory filing of FIR
2. Preliminary Enquiry u/s Clause 3.16 - into allegations to consider whether any prima facie case is made out or not which requires further investigation after registration of FIR or not
3. Preliminary Enquiry is only for purpose of finding out a prima facie case for the puspose of registration of the FIR only 
4. Enquiry conducted at the stage of preliminary eqnuiry by no stretch of imigationt will be considered as investigation u/s CrPC, investigation can only after FIR- State of Jammu vs Dr saleem ur Rehman