AIR 1992 SUPREME COURT 1379 ::1992 AIR SCW 1444 ::1992 CriAppR(SC) 194 ::1992 UP CriR 438 ::(1993) MadLW(Cri) 202 ::(1992) 2 CriCJ 96 ::(1992) 2 CriLC 263 ::(1992) 19 CriLT 256 ::1992 (2) UJ (SC) 46 ::1992 (2) CurCriR 69 ::(1992) AllCriR 274 ::(1992) Mad LJ(Cri) 751 ::1992 (3) SCC 317 ::1992 SCC(Cri) 636 ::1992 CriLR(SC MAH GUJ) 460 ::1992 (3) AllCriLR 154 ::1992 CalCriLR 160 ::1992 (2) All WC 938 ::1992 (2) ChandCriC 171 ::(1993) EastCriC 15 ::(1992) 2 Pun LR 114 ::1992 (2) PatLJR 39 ::(1992) 2 SCR 837 (SC) ::1992 (2) SCR 837 ::(1992) 2 SCJ 563 ::(1992) 2 Crimes 342 ::1992 ALLAPPCAS (Cri) 170 ::(1992) SC Cr R 615 ::(1992) 2 CurLJ(CCR) 187 ::(1992) 3 JT 618 (SC) ::1992 (3) JT 618

Supreme Court Of India

(From : Punjab and Haryana)*

Hon'ble Judge(s): S. Ratnavel Pandian, M. Fathima Beevi , JJ

Criminal P.C. (2 of 1974) , S.482— Inherent powers - Exercise of, for quashing of complaint - Allegations in complaint prima facie constituting offence alleged - Magistrate satisfied on statement of complainant and evidence of witnesses examined and material on record that cognizance should be taken - Process issued - Quashing of complaint on additional materials filed by accused - Not justified. The High Court can exercise its inherent jurisdiction of quashing a criminal proceeding only when the allegations made in the complaint do not constitute an offence or that the exercise of the power is necessary either to prevent the abuse of the process of the court or otherwise to secure the ends of justice. No inflexible guidelines or rigid formula can be set out and it depends upon the facts and circumstances of each case wherein such power should be exercised. When the allegations in the complaint prima facie constitute the offence against any or all of the accused in the absence of materials on record to show that the continuance of the proceedings would be an abuse of the process of the court or would defeat the ends justice, the High Court would not be justified in quashing the complaint.(Para 6) Where the allegations in the complaint were specific and clear that during the subsistence of an earlier valid marriage the accused e....