Hon’ble Apex Court in landmark judgment ‘R.P. Kapur Vs State of Punjab 25 March, 1960’ here has held the following to be the categories could and should be exercised to quash proceedings:
(i) where there was a legal bar against the institution or continuance of the proceedings;
(ii) where the allegations in the first information report or complaint did not make out the offence alleged; and
(iii)where either there was no legal evidence adduced in support of the charge or the evidence adduced clearly or manifestly failed to prove the charge.
In addition, the following are the grounds one can cite/rely on while filing a discharge petition or quash petition under Article 226 of Constitution of India or Sections 154, 155, 156, 157, 159 of Cr.P.C or Section 482 – Exercise of Inherent powers of courts, as mandated in State of Haryana Vs Ch Bhajan Lal.
1. Where the allegations made in the First Information Report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offense or make out a case against the accused;
2. Where the allegations in the First Information Report and other materials, if any, accompanying the F.I.R. do not disclose a cognizable offense, justifying an investigation by police officers under Section 156(1) of the Code except under an order of a Magistrate within the purview of Section 155(2) of the Code;
3. Where the uncontroverted allegations made in the FIR or ‘complaint and the evidence collected in support of the same do not disclose the commission of any offense and make out a case against the accused;
4. Where the allegations in the FIR do not constitute a cognizable offense but constitute only a non-cognizable offense, no investigation is permitted by a police officer without an order of a Magistrate as contemplated under Section 155(2) of the Code;
5. Where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused;
6. Where there is an express legal bar engrafted in any of the provisions of the Code or the concerned Act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the Code or the concerned Act, providing efficacious redress for the grievance of the aggrieved party;
7. Where a criminal proceeding is manifestly attended with malafide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge.
The original reportable judgement can be accessing by clicking here.
Check out this page here, for more Judgments to support the above grounds.
Also read the Judgment here that emphasized the broad principles a High Court must consider while looking into Quash petitions.