No ban on discontinuing criminal proceedings even after charges have been filed: Supreme Court

The Supreme Court reiterated that there is no prohibition on discontinuing criminal proceedings even after the indictment has been filed.

The bank includes Justices PS Narasimha and Pankaj Mithal held this while discontinuing the domestic violence case against the accused after noting that even after the charge sheet was filed, no new allegations were discovered against the accused as they remained the same as in the first information report.

Reference was made to precedents where the Court categorically held that there is no bar for the High Court to exercise its inherent powers under Section 482 Cr.PC to quash the criminal case even after the charge sheet has been filed while the quashing petition is pending is.

“There is no prohibition on discontinuing criminal proceedings even after the indictment has been filed,“said the court.

In the case of Mama Shailesh Chandra v. State of Uttarakhand, the court took this view “Even if the chargesheet had been filed, the court could still examine whether the offenses allegedly committed were prima facie established on the basis of the FIR, chargesheet and other documents or not.”

The court also referred to the case of Anand Kumar Mohatta vs. State (NCT of Delhi) where it was held that the Supreme Court can intervene in the criminal proceedings to prevent abuse of the process even after the chargesheet has been filed if the court is satisfied that the indictment does not indicate any criminal offense against the defendant.

“There is nothing in the language of this section which limits the exercise of the court’s power to prevent abuse of process or miscarriages of justice only to the level of FIR. It is a settled principle of law that the High Court can exercise jurisdiction under Section 482 CrPC even when the relief application is pending before the trial court. In fact, it would be a travesty to claim that a case initiated against a person can be compromised at the stage of FIR, but not when it is already advanced and the allegations have been concretized in a charge sheet. On the contrary, it could be said that the abuse of process caused by the FIR is aggravated when the FIR, after investigation, has taken the form of an indictment. The power is undoubtedly delegated to prevent abuse of the powers of a court.”stated the court Anand Kumar Mohattas Case.

Also from the judgment: ‘Abuse of criminal process, vague allegations’: Supreme Court overturns wife’s S.498A case against in-laws

Case Title: KAILASHBEN MAHENDRABHAI PATEL & ORS. VERSUS STATE OF MAHARASHTRA & ANR., CRIMINAL APPLICATION NO. 4003/2024

Citation: 2024 LiveLaw (SC) 753