Shaileshbhai Ranchhodbhai Patel vs State Of Gujarat CrA 1884/2013 – S 482 CrPC

Code Of Criminal Procedure,1973; Section 482 -Whether quashing of the FIR can be refused for no other reason than that the investigating officer has filed the charge-sheet? High Court under Section 482, Cr. PC. retains the power to quash an FIR, even after charge-sheet under Section 173(2) thereof is filed, provided a satisfaction is reached, inter alia, that either the FIR and the charge-sheet read together, even accepted as true and correct without rebuttal, does not disclose commission of any offence or that continuation of proceedings arising out of such an FIR would in fact be an abuse of the process of law as well as of the Court given the peculiar circumstances of each particular case- Referred to Ruchi Majoo v. Sanjeev Majoo (2011) 6 SCC 479 , Anand Kumar Mohatta vs State (Govt. of NCT of Delhi) Home Department (2019) 11 SCC 706 and Abhishek vs. State of Madhya Pradesh 2023 SCC OnLine SC 108. (Para 7-8)