AIROnline 2021 SC 192

Supreme Court Of India

Hon'ble Judge(s): Dhananjaya Y. Chandrachud, M. R. Shah, Sanjiv Khanna , JJJ

Criminal P.C. (2 of 1974) , S.482, S.178(c), S.156(2)— Constitution of India , Art.226— Inherent powers -Quashing of FIR - Allegations of cheating, forgery and fabrication of Board Resolution against accused - Interim order passed by High Court without assigning any reasons, of "no coercive measures shall be adopted" against accused in respect of said FIR , unsustainable. Penal Code (45 of 1860) , S.406, S.420, S.465, S.468, S.471, S.120B— Police has the statutory right and duty to investigate into a cognizable offence. Courts would not thwart any investigation into the cognizable offences. It is only in cases where no cognizable offence or offence of any kind is disclosed in the first information report that the Court will not permit an investigation to go on. The power of quashing should be exercised sparingly with circumspection, as it has been observed, in the 'rarest of rare cases (not to be confused with the formation in the context of death penalty). While examining an FIR/complaint, quashing of which is sought, the court cannot embark upon an enquiry as to the reliability or genuineness or otherwise of the allegations made in the FIR/complaint. Criminal proceedings ought not to be scuttled at the initial stage. Quashing of a complaint/FIR should be an exception rather than an ordinary rule. Ordinarily, the courts are barred from usurpi....