Quashing of a criminal complaint must be done only in the rarest of rare cases

 

While hearing Hasmukhlal D Vora vs State of Tamil Nadu case, The Supreme Court held that while it is true that the quashing of a criminal complaint must be done only in the rarest of rare cases, it is still the duty of the High Court to look into each and every case with great detail to prevent miscarriage of justice.

The High Court has failed to take into consideration to the facts and circumstances of the case while passing the impugned judgment as no proper explanation was given by the respondent regarding the delay of more than 4 years between the initial site inspection, complaint, and Show Cause Notice.

The bench further stated that the law is a sacrosanct entity that exists to serve the ends of justice, and the courts must always ensure that frivolous cases do not pervert the sacrosanct nature of the law.

Therefore, the impugned order passed by the High Court was not liable to be sustained and was set aside. The appeal was allowed by the bench of the Supreme Court.

 

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(With input from news agency language)

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