Quashing of Charge-sheet under Section 482 CrPC by High Court


Section 482 of the Code of Criminal Procedure (CrPC) deals with inherent powers of a High Court. An accused person can pray for quashing of the FIR or charge sheet (“CS”) filed against him/her before the Hon’ble State High Court under section 482 of the Cr.P.C which gives inherent powers to the Court. The prayer for quashing of charge sheet at Allahabad High Court is made in exceptional cases and the Hon’ble Court appreciates mainly legal grounds and arguments to exercise its inherent powers. The exercise of the inherent is exercised exceptionally by the Allahabad High Court because a proceeding under Section 482 CrPC is summary proceedings and is decided on the basis of affidavits.

The Hon’ble Supreme Court of India in a number of cases has held and established the principle that ” inherent jurisdiction under section 482 has to be exercised sparingly, carefully and with caution and only when such exercise is justified by the tests specifically laid down in the section itself.”

The case for quashing at the initial stage are treated as rarest of rare by High Court so as not to scuttle the prosecution so that free and fair trial may take place.

In the event, however, when the Allahabad High Court on perusal of the complaint comes to a conclusion that the allegations leveled in the complaint or charge-sheet on the face of it does not constitute or disclose any offence as alleged under any law, it does  not hesitate to rise up to the expectation of the people and deal with the situation as is required under the law which includes quashing of the charge-sheet.