Question: Can High Court quash F.I.R. on special grounds while exercising its inherent powers? Express your views critically, citing case law. Find the answer only on Legal Bites. [Can High Court quash F.I.R. on special grounds while exercising its inherent powers? Express your views critically, citing case law.] Answer Inherent power under section 482 in a matter of quashing of FIR has to be exercised sparingly and with caution and when and only when such exercise is justified by the...
Question: Can High Court quash F.I.R. on special grounds while exercising its inherent powers? Express your views critically, citing case law.
Find the answer only on Legal Bites. [Can High Court quash F.I.R. on special grounds while exercising its inherent powers? Express your views critically, citing case law.]
Answer
Inherent power under section 482 in a matter of quashing of FIR has to be exercised sparingly and with caution and when and only when such exercise is justified by the test specifically laid down in the provision itself.
It was held by the Hon’ble Supreme Court in State of Telangana v. Habib Abdullah Jeelani, AIR 2017 SC 373 that the power under section 482 is very wide, and conferment of wide power requires the court to be more cautious. It casts an onerous and more diligent duty on the Court, and the said power is not to be used to choke or smother a legitimate prosecution.
Thus, any High Court cannot quash F.I.R. on special grounds while exercising its inherent powers.
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