New Delhi: The facility of quashing legal proceedings must be exercised very sparingly and that too in rarest of the uncommon instances, the Supreme Courtroom stated on Thursday.
A bench of justices Abhay Rastogi and Abhay S Oka stated that the inherent powers don’t confer any arbitrary jurisdiction on the courtroom to behave in accordance with its whims and fancies.
“It’s little doubt true that the facility of quashing of legal proceedings must be exercised very sparingly and with circumspection and that too in rarest of the uncommon instances and it was not justified for the courtroom in embarking upon an enquiry as to the reliability or genuineness or in any other case of the allegations made within the FIR or the criticism and that the inherent powers don’t confer any arbitrary jurisdiction on the courtroom to behave in accordance with its whims and fancies,” the bench stated.
The highest courtroom was listening to an enchantment in opposition to an order of the Allahabad Excessive Courtroom declining to intervene within the legal proceedings initiated in opposition to a girl on the occasion of her brother-in-law.
The counsel for the appellant submitted that every little thing was working easily in her life, however due to the premature unhappy demise of her husband her brother-in legislation left no stone unturned to pressurise her for handing over all of the terminal advantages which she obtained on account of dying of her late husband and was to hunt compassionate appointment in her place.
Adverting to the details of the moment case, the apex courtroom stated there was no materials positioned on file by the complainant (brother in legislation) to justify the allegations which had been made within the criticism on the premise of which an FIR was registered.
“Though it’s true that it was not open for the courtroom to embark upon any enquiry as to the reliability or genuineness of the allegations made within the FIR, however not less than there must be some factual supporting materials for what has been alleged within the FIR which is totally lacking within the current case,” the bench stated whereas quashing the FIR in opposition to the girl.
The apex courtroom stated that after going by way of the criticism on the premise of which FIR was registered and different materials positioned on file, it was of the thought of view that no offence of any sort as has been alleged within the FIR, has been made out in opposition to the appellant.
“If we permit the legal proceedings to proceed, it is going to be nothing however a transparent abuse of the method of legislation and shall be a psychological trauma to the appellant which has been utterly neglected by the excessive courtroom whereas dismissing the petition filed at her occasion beneath Part 482 CrPC,” the bench stated.