LI Network
Published on: 11 August 2023 at 22:25 IST
The Supreme Court has emphasised that an individual’s criminal history cannot be the sole basis for refusing to dismiss criminal proceedings, according to Section 482 of the Criminal Procedure Code (CrPC).
The Court’s observation came in response to a case involving an accused who sought to quash criminal proceedings against them.
The Court, comprising Justices B R Gavai and J B Pardiwala, held that even if an accused has a history of criminal activities, they have the right to argue that if the First Information Report (FIR) does not indicate the commission of any offense, or if their case fits the parameters established by the Court in the Bhajan Lal case, then the court should not reject the case merely due to their criminal antecedents.
The case in question involved an FIR filed against the accused for alleged offenses under Sections 395, 504, 506, and 323 of the Indian Penal Code (IPC). The accused had approached the Supreme Court after the Allahabad High Court declined to quash the criminal proceedings based on their criminal record.
The Court examined the allegations and highlighted that the case presented by the complainant seemed fabricated, as the FIR had been filed more than a year after the alleged incident, without specifying the date and time.
The Court also considered the State’s argument that due to the accused’s extensive criminal history, the criminal proceedings should not be quashed.
However, the Court stressed that criminal antecedents alone should not be the determining factor.
It emphasized that an accused’s right to fair treatment should not be undermined by their criminal history, and the Court must consider whether the FIR adequately establishes an offense and if the case meets the criteria set by precedent judgments.
The Court further noted that the initiation of prosecution carries severe consequences for the accused, and striking a balance between law enforcement and protection of citizens from undue harassment is essential.
