Courts can quash criminal cases to avoid abuse of law: SC
New Delhi: Courts can quash criminal cases against the accused if continuance of the same would result in abuse of the process of law even if it is not a compoundable offence, the Supreme Court on Friday ruled.
A bench of justices P Sathasivam and Ranjan Gogoi passed the ruling while quashing the criminal cases filed against Jayrajsinh Digvijaysinh Rana by Vipulbhai Harshadbhai Raja in a case relating to alleged sale and purchase of plots through forgery.
Cases under IPC Sections 467(, 468,(forgery) 471(using forged document), 420(cheating) and 120-B (criminal conspiracy) were registered at Sanand Police Station, Ahmedabad, by Raja on behalf of Supan Plot Owners? Association, alleging that certain plots were disposed off illegally by creating false/forged documents.
It was alleged the forged documents were created by one Pravinbhai Gangashankar Raval in favour of Janakben Pravinchandra Raval who, in turn, sold the same to Jayrajsinh Digvijaysinh Rana, the appellant.
However, the complainant`s association and Jayrajsinh reached a compromise under which the later decided to give up all his claims and titleship of the disputed plots in question, besides promising to withdraw the civil suit filed against them.
"There is no chance of recording a conviction insofar as the present appellant is concerned and the entire exercise of trial is destined to be an exercise in futility.
"In as much as the matter has not reached the stage of trial, we are of the view that the High Court, by exercising the inherent power under Section 482 of the Code even in offences which are not compoundable under Section 320, may quash the prosecution," Justice Sathasivam, writing the judgement, said.
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