Here is the Landmark Supreme Court Judgement that can be cited and relied on in Discharge or Quash petitions 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.
Indicative categories:
- No Prima Facie Case: 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 offence or make out a case against the accused.
- Absence of Cognizable Offence: Where the allegations in the first information report and other materials, if any, accompanying the FIR do not disclose a cognizable offence, 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.
- Commission of Crime not disclosed: 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 offence and make out a case against the accused.
- Investigation begun without the order of Magistrate in Non-cognizable offence: Where, the allegations in the FIR do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated Under Section 155(2) of the Code.
- Lack of Evidence: 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.
- Legally Barred: 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.
- Vexatious Proceeding: Where a criminal proceeding is manifestly attended with mala fide 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.
Other Sources : https://indiankanoon.org/doc/1033637/ or https://www.casemine.com/judgement/in/5609ac4ee4b014971140e92a
Citations: [1990 SCALE 2 1066], [1992 AIR SC 604], [1992 SCC CRI 1 426], [1990 SCR SUPP 3 259], [1992 CRLJ SC 527], [1992 SUPP SCC 1 335], [1990 JT SC 4 650]
Index of landmark quash judgements is here.
