Supreme Court India- 10 Cardinal Principles of Quashing a Petition
A 3-judge Bench of the Supreme Court has culled out the broad principles from various precedents in relation to Section 482 of the Code of Criminal Procedure (CrPC) for quashing First Information Reports (FIRs). A Bench of Chief Justice Dipak Misra and Justices AM Khanwilkar and DY Chandrachud passed the judgment in an appeal against a decision of the Gujarat High Court. The Gujarat High Court had dismissed an application by the appellants under Section 482 of CrPC seeking quashing of FIR registered against them for offences punishable under Sections 384, 467, 468, 471, 120-B and 506(2) of the Indian Penal Code. The plea for quashing the FIR was advanced on the ground that the appellants had amicably settled the dispute with the complainant. The complainant had also filed an affidavit to that effect. On behalf of the prosecution, the Public Prosecutor had opposed the application for quashing on two grounds. First – the appellants were absconding a...