Applicability of Writ Jurisdiction in Quashing FIR and the Inherent Powers of High Courts to secure Ends of Justice

Abstract

In Abhishek Vs. State of Madhya Pradesh, the supreme court of India discussed the scope of writ jurisdiction for quashing of criminal proceedings. The Supreme Court even clarified that section 482 of the Cr.PC is eligible to be invoked even after submission of the chargesheet. While deciding the case, the bench took reference of Joseph Salvaraj A. vs. State of Gujarat and others and Anand Kumar Mohatta and another vs. State (NCT of Delhi), Department of Home and another.

The quashing of criminal cases can also be done under Article 226 of the Constitution. Recently in Sri Abhijit Gangopadhyay & Anr. Vs. The State of West Bengal & Ors., the Hon’ble Calcutta High Court entertained the writ petition and stayed the FIR against the petitioner. The petitioner in this case has challenged the FIR bearing no. Tamluk P.S. Case No. 411 of 2024 dated 4.5.2024 under Sections 143/323/325/307/354B/379/427/506/109/34 IPC read with Sections 25/27 of the Arms Act filed against him.

The landmark judgement on quashing is the State of Haryana Vs. Bhajan Lal, but the law did not remain stagnant over the parameters for quashing that was set in Bhajan Lal (Supra). In Salib @ Shalu @ Salim –vs- State of UP and ors., the Hon’ble Supreme Court of India state that the court while exercising its jurisdiction under section 482 of the Cr.pc (now S. 530 of BNSS) or under Article 226 of the Constitution of India, need to take into account the overall circumstances leading to the initiation or registration of the case as well as the materials collected in the course of the investigation. In frivolous or vexatious proceedings, the court has a duty to look into the circumstances of the case and if needed read the FIR/complaint in between the lines.