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R. Abirami vs D. Santhanam & Others

Not available · 2022 INSC 930Decided 6 Sept 2022
Not available
Ajay Rastogi · B.V. Nagarathna

Background

The petitioner, as the complainant-victim, filed this special leave petition challenging an order of the Madras High Court dated 20 September 2021, which had quashed the FIR registered in Crime No. 07 of 2021 (dated 6 May 2021) and the related criminal proceedings, exercising the High Court's inherent power under Section 482 of the Code of Criminal Procedure, 1973.

Decision Breakdown

The Supreme Court heard the petitioner (who appeared in person) and counsel for the respondents at length, and considered the written submissions and the record. After this consideration, the Court found no reason to interfere with the High Court's order quashing the FIR and criminal proceedings, and accordingly dismissed the special leave petition with no order as to costs.

Lesson Learnt

The Supreme Court will not lightly interfere with a High Court's exercise of its inherent power under Section 482 CrPC to quash an FIR where, after hearing both sides, it finds no error warranting intervention; a complainant seeking to revive quashed criminal proceedings bears the burden of showing a clear legal error in the High Court's reasoning.

Official source (sci.gov.in)View Judgment (PDF)

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