Quashing of Criminal Proceeding u/Sec 482 CrPC- HC has to Examine Facts of the Case- Supreme Court

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March 28, 2019

In this recent case, the Supreme Court was of the view that while quashing criminal proceedings under Section 482 of CrPC, the Court must refer to the facts of the case to appreciate the controversy of the case.

Case name: Omveer Singh v. State of Uttar Pradesh and Anr.

In the present appeal, the Appellant has assailed High Court’s order, whereby the High Court dismissed Appellant’s application to quash criminal proceedings against him under Section 498A of IPC (Crime against Women) and relevant provisions of the Dowry Prohibition Act, 1961. Here it would be incumbent to mention that the High Court while passing it’s order in the case only referred to the established principles for quashing a criminal proceeding under Section 482 of CrPC.

When the matter came up before the Supreme Court, the Apex Court was inclined to remand the matter to the High Court and directed the Court to decide the case afresh on merits.

The Apex Court noted that the High Court has quoted the principles of law laid down by the Supreme Court in several decisions relating to powers of the High Court on the issue of interference in cases filed under Section 482 of the Code but has not referred to the facts of the case to appreciate the controversy of the case.

Hence, the Court opined that while deciding an application under Section 482 of Code, the High Court must first set out the brief facts of the case with a view to understand the factual matrix and then examined the challenge made to the proceedings in the light of the principles laid down by this Court with a view to record the findings on the grounds urged by the Appellant as to whether any interference therein is called for or not.

The entire case can be accessed here.

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