LexDR. MONICA KUMAR & ANR. versus STATE OF U. P. & ORS.
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[2008] 9 S.C.R. 943 DR. MONICA KUMAR & ANR. A V. STATE OF U. P. & ORS. (Criminal Appeal No. 968 of 2008) MAY 27, 2008 B [S.B. SINHA AND LOKESHWAR SINGH PANTA, JJ] Code of Criminal Procedure, 1973: s. 482 - Power of High Court under - Nature and scope c of - Petition alleging ma/a fides in lodging complaints against petitioners - HELD: Mere fact that complainant is guilty of ma/a tides would be no ground to quash proceedings. Constitution of India, 1950: Article 142 rlw Article Q 32 - Jurisdiction of Supreme D Court to pass orders to do complete justice to parties - Na~ ~ ture and scope of - Criminal proceedings against two NRI students pursuing their MBBS course in India - HELO: Un- der Article 142, Supreme Court in exercise of its jurisdiction may pass such decree or make such order as is necessary E for doing complete justice in any 'cause' or 'matter' - Expres- sion 'cause' pr 'matter' would include any proceedings, civil or criminal, pending in Court - Power under Article 142 is in a way corrective power which gives preference to equity over J. law - Looking to entire backdrop of peculiar facts of count-- F less incidents having been faced by the two MBBS students, nature of offences alleged against them and a/legations and counter a/legations made by parties against each other and coupled with tenor and contents of the apology tendered by the petitioners, it is a fit case for exercise of extraordinary ju- G risdiction under Article 142 so as to bring dispute between the parties to an end - Criminal proceedings against petitioners > are set aside - They would file a written apology in the Court before which proceedings are pending - Equity- Penal Code, 943 H 944 SUPREME COURT REPORTS [2008] 9 S.C.R. A 1860 - ss. 452, 323, 336, 420, 427, 504 and 506. The appellants filed petitions u/s 482 of the Code of Criminal Procedure, 1973 before the High Court seeking to quash criminal proceedings against them in Case B Crime No. 412 of 2005 u/ss 452, 323,504,506 and 427 IPC and Case Crime No. 21 of 2006 u/ss 452, 323, 336, 504, 506 and 420 IPC. The stand of the appellants was that they got admission in MBBS Course under NRI quota in the Medical College run by a Trust, of which respondent No. 2 was the Chairman and Managing Director/Trustee. c Respondent No. 2 obtained a loan of Rs. 25 lakhs from their father. Differences and disputes arose after their fa- ther demanded repayment of the loan from respondent no. 2 and sought recourse to criminal proceedings against him. This led to harassment of the two appellants in the D College resulting in withholding of results of MBBS course of appellant no. 1 several times, which could be f cleared only with the intervention of the High Court. It was the case of the appellants that respondent no. 2, having failed in his attempts to harm the career of the appellants, E got two criminal cases registered against them through two employees of the College. The High Court did not find it a fit case for exercise of inherent power to quash the charge sheets submitted in the two cases. Aggrieved, the petitioners filed the instant appeals. F Disposing of the appeals, the Court HELD: 1.1 It is well-settled principle of law that while exercising powers under Section 482 Cr.P.C., the High Court does not function as a court of appeal or revision. G Inherent jurisdiction under the Section is to be exercised sparingly, carefully and with caution and only when such exercise is justified by the tests specifically laid in the ' Section itself. it is to be exercised ex debito justitiae to do real and substantial justice for the administration of which H courts exist. When a complaint is sought to be quashed DR. MONICA KUMAR & ANR. v. STATE OF U. P. 945 & ORS. it is permissible to look into the materials to assess what A the complainant has alleged and whether any offence is made out even if the allegations are accepted in toto. [para 27] [966-C,D & E] R. P Kapur v. State of Punjab (1960) 3 SCR 388; State of B Haryana v. Bhajan Lal (1992) 2 Suppl. I SCC 335 relied on . ... 1.2 The powers of the High Court under Section 482 Cr.P.C. are very wide and the very plenitude of the power requires great caution in its exercise. Court must be care- ful to see that its decision in exercise oj this power is based c on sound principles. The inherent power should not be exercised to stifle a legitimate prosecution. The High
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