STATE OF MADHYA PRADESH V. MADAN LAL (2015) 7 SCC 681
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The Supreme Court the laid down the following guidelines to be followed by High Courts in exercise of their inherent powers to quash a criminal complaint or FIR:
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If the allegations presented in the first information report or complaint, even when presumed true on their face, do not prima facie establish any offense or substantiate a case against the accused.
- If the allegations in the first information report and any accompanying materials do not reveal a cognizable offense warranting investigation by police officers under Section 156(1) of the Code, except under the authority of a Magistrate pursuant to Section 155(2) of the Code.
- If the allegations outlined in the FIR or complaint along with the evidence gathered I its support, fail to indicate the commission of any offence or establish a case against the accused.
- Where a criminal proceeding is evidentlyaccompanied by mala fide intentions and/or where the proceeding is maliciously initiated with an ulterior motive to seek revenge on the accused and to spite them due to personal grudges.
- Likewise, in the case of Narinder Singh v. State of Punjab (2014) 6 SCC 466, the Supreme Court held that when High Courts utilize the authority under section 482 of the Crpc, they should consider that it is employed to serve the interests of justice and to prevent the misuse of legal procedures.
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