Section 482 of The Code of Criminal Procedure, 1973 IV

In Indian Oil Corpn, (2006) 6 SCC 736, a Two Judge Bench reviewed precedents on exercise of jurisdiction under Section 482. A criminal proceeding can be quashed where allegations made do not disclose commission of an offence under The Penal Code. Though law does not require a complaint to reproduce legal ingredients of a offence verbatim, such complaint must contain basic facts necessary for making out an offence under The Penal Code. Appellants relied on State of Karnataka v. L. Muniswamy, (1977) 2 SCC 699: “In exercise of wholesome power, High Courts are entitled to quash a proceeding if it comes to conclude, allowing proceeding to continue would be an abuse of process of Court or ends of justice require proceeding ought to be quashed”. The jurisdiction under Section 482 has to be exercised with care. An attempt has been made to cloak a civil dispute with a criminal nature despite absence of ingredients necessary to constitute a criminal offence.

Hon’ble Justice Dr. D.Y. Chandrachud, Prof R.K. Vijayasarathy v. Sudha Seetharam, [Criminal Appeal No. 238 of 2019].

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The contours of jurisdiction under Section 482 are far too well settled to require articulation or reiteration.”

Hon’ble Justice K.M. Joseph, Sandeep Khaitan v. JSVM Plywood Industries Ltd., [Criminal Appeal No. 447 of 2021] decided on 22.04.2021.