SC: Quashing of a complaint should rather be an exception and a rarity

The Hon’ble Supreme Court, on 26th November 2020, in the matter of Skoda  Auto Volswagen India Private Limited v. The State of Uttar Pradesh & Ors. observed that quashing of a complaint should rather be an exception and a rarity than an ordinary rule. While examining a complaint, the quashing of which is sought, the Court cannot embark upon an enquiry as to the reliability or genuineness or otherwise of the allegations made in the FIR or in the complaint.

The Hon’ble Supreme Court observed that:

Courts would not thwart any investigation. It is only in cases where no cognizable offence or offence of any kind is disclosed in the first information report that the Court will not permit an investigation to go on. (Para 41)

The power of quashing should be exercised very sparingly and with circumspection and that too in the rarest of rare cases. While examining a complaint, the quashing of which is sought, the Court cannot embark upon an enquiry as to the reliability or genuineness or otherwise of the allegations made in the FIR or in the complaint. (Para 41)

Quashing of a complaint should rather be an exception and a rarity than an ordinary rule. (Para 41)

Copy of judgement: Judgement_26-Nov-2020

-Adv. Tushar Kaushik

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