Supreme Court Issues 4-Step Test For High Courts To Quash Criminal Cases Under S.482 CrPC / S.528 BNSS

The Supreme Court of India set aside an order of the Allahabad High Court, which had refused to interfere with a summoning order passed by the Additional Chief Judicial Magistrate, Allahabad. Quashing the pending criminal proceedings, the Court observed that their continuation would constitute a gross abuse of the process of law. Significantly, the Court laid down specific steps for High Courts to follow while dealing with petitions seeking quashing of criminal proceedings under Section 482 of the Code of Criminal Procedure, 1973—now mirrored in Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

A private complaint was filed before the Additional Chief Judicial Magistrate, Allahabad, on 11.08.2014, alleging offences under Sections 323, 504, 376, 452, 377, 120-B IPC and Section 3(1)(10) of the SC/ST Act, purportedly committed in 2010. Though the complaint was styled as an application under Section 156(3) CrPC, the Magistrate, instead of directing investigation, took cognizance and conducted an inquiry under Section 202 CrPC. Upon completion, process was issued for the offence under Section 376 IPC. Aggrieved, the appellant approached the Allahabad High Court under Section 482 CrPC, which declined to interfere and upheld the summoning order.

The bench comprising Justice JB Pardiwala and Justice Sandeep Mehta said, “we are of the view that the Additional Chief Judicial Magistrate committed an error in passing the summoning order. The High Court too overlooked the relevant aspects of the matter while rejecting the Section 482 application. It is very apparent on a plain reading of the complaint, more particularly, considering the nature of the allegations that the same doesn’t inspire any confidence. There is no good explanation offered, why it took four years for the respondent no.2 to file a complaint.”

The Supreme Court has delineated the steps to be followed by the High Court while considering petitions for quashing under Section 482 CrPC, now reflected in Section 528 BNSS. The following steps should ordinarily determine the veracity of a prayer for quashing, raised by an accused by invoking the power vested in the High Court under Section 482 of the Cr.P.C.:-

(i)Step one, whether the material relied upon by the accused is sound, reasonable, and indubitable, i.e., the materials is of sterling and impeccable quality?

(ii) Step two, whether the material relied upon by the accused, would rule out the assertions contained in the charges levelled against the accused, i.e., the material is sufficient to reject and overrule the factual assertions contained in the complaint, i.e., the material is such, as would persuade a reasonable person to dismiss and condemn the factual basis of the accusations as false.

(iii) Step three, whether the material relied upon by the accused, has not been refuted by the prosecution/complainant; and/or the material is such, that it cannot be justifiably refuted by the prosecution/complainant?

(iv) Step four, whether proceeding with the trial would result in an abuse of process of the court, and would not serve the ends of justice?

The Court prescribed the aforesaid steps to guide High Courts in simplifying the consideration of quashing petitions.