Summary
On an incident of 11.09.2004 at Meerut, the complainant obtained an order under Section 156(3) CrPC for an FIR for offences under Sections 307, 504 and 506 IPC and the SC/ST (Prevention of Atrocities) Act; the police filed a closure report, which the Magistrate rejected on a protest petition, merging the matter with the complaint case. After recording the complainant and seven witnesses under Sections 200 and 202 CrPC and considering the injury report, the Magistrate by a detailed order of 04.02.2008 summoned the accused. The Allahabad High Court, under Section 482 CrPC, quashed the proceedings in a one-paragraph order saying only that 'no useful purpose shall be served by prolonging the proceedings'. The Supreme Court allowed the complainant's appeal, deprecated the cryptic, non-reasoned order and restored the summoning order.
Issues
- Whether the High Court, exercising powers under Section 482 CrPC, could quash criminal proceedings for serious offences under Sections 307, 504 and 506 IPC and the SC/ST (Prevention of Atrocities) Act by a cryptic one-paragraph order, without examining the allegations or the legality of the Magistrate's reasoned summoning order, on the ground that no useful purpose would be served by prolonging the proceedings.
Provisions considered
- Sections 156(3), 200, 202 and 482, Code of Criminal Procedure, 1973The Magistrate had issued process after considering statements recorded under Sections 200 and 202 and the injury certificate; the High Court's order under Section 482 contained no independent application of mind to those materials or to the validity of the summoning order and was set aside; the High Court must pass a speaking, reasoned order in such matters and be cautious and circumspect where serious offences are alleged. (¶¶ 2.1, 6.1, 6.2, 6.3, 6.4)
- Sections 307, 504 and 506 IPC; Section 3(1)(x) and 3(1)(xv) of the Atrocities Act, Indian Penal Code, 1860 and Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989A clear case for these offences was made out on the material before the Magistrate; the observation that no useful purpose would be served by prolonging the proceedings is no ground at all to quash proceedings for such offences. (¶¶ 6.3, 6.4)
Held
- After narrating the parties' submissions, the High Court quashed the proceedings in a single paragraph without any discussion of the allegations or of the legality of the Magistrate's summoning order; the order is cryptic and non-speaking, showing no independent application of mind, and set aside in a most cursory and casual manner an order passed after considering the statements under Sections 200 and 202 CrPC and the injury certificate. This Court has repeatedly emphasised that the High Court must pass a speaking and reasoned order in such matters. (¶¶ 6.1, 6.2)
- That 'no useful purpose will be served by prolonging the proceedings' cannot be a ground, let alone a good ground, to quash criminal proceedings when a clear case was made out for the offences alleged; where serious offences under Sections 307, 504 and 506 IPC and the Atrocities Act are alleged, the High Court ought to be more cautious and circumspect in exercising its power under Section 482 CrPC, and the manner of disposal here is deprecated. (¶¶ 6.3, 6.4)
Result
Appeal allowed; the Allahabad High Court's order of 16.09.2019 in Criminal Misc. Application No. 14607 of 2008 quashing Complaint Case No. 1199 of 2005 set aside and the Magistrate's order of 04.02.2008 summoning the accused for offences under Sections 307, 504 and 506 IPC and Section 3 of the SC/ST (Prevention of Atrocities) Act restored.