2010 (8) TMI 1150 - SC - Indian Laws

Summary

Issues Involved:
1. Quashing of Criminal Complaint/FIR.
2. Exercise of inherent powers by the High Court u/s 482 Cr.P.C.
3. Allegations of police harassment and forced complaint.

Summary:

1. Quashing of Criminal Complaint/FIR:
The appeal was filed against the High Court's order quashing the Criminal Complaint/FIR registered as CR No. 241/2005 and CR No. 135/2005 against Arun Gulab Gawali and his gang members. The High Court quashed the FIR on the grounds that the complainant, Mohd. Qureshi, did not want to pursue the matter, and there was no possibility of conviction.

2. Exercise of inherent powers by the High Court u/s 482 Cr.P.C.:
The Supreme Court emphasized that the power to quash criminal proceedings should be exercised sparingly and only in the rarest of rare cases. The Court cannot determine the possibility of conviction at the preliminary stage. The inherent powers u/s 482 Cr.P.C. are meant to prevent the miscarriage of justice and should not be used arbitrarily. The Court cited several precedents, including *State of West Bengal v. Swapan Kumar Guha* and *State of Haryana v. Bhajan Lal*, to outline the principles for quashing criminal proceedings.

3. Allegations of police harassment and forced complaint:
The complainant, Mohd. Qureshi, and his wife alleged that the police forced him to lodge the complaint against the Arun Gulab Gawali gang. The High Court had directed the Commissioner of Police to address these grievances. The Supreme Court noted that the complainant and his wife had taken prompt steps to report the alleged police harassment, including filing applications before the Metropolitan Magistrate and approaching the State Human Rights Commission. The Court acknowledged the possibility that the complaint was not made voluntarily and that the allegations of police harassment might be true.

Conclusion:
The Supreme Court concluded that the High Court's decision to quash the FIR was not justified based on the assumption that the complainant would not support the prosecution. However, considering the allegations of police harassment and the complainant's consistent stand, the Supreme Court found it appropriate to quash the complaint to prevent the miscarriage of justice. The appeal was dismissed, and the complaint dated 8.11.2005 was quashed for different reasons.